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How to Apply for Maternity Leave Disability in New York

By Cameron Easey ; Updated April 18, 2017

Maternity disability leave in New York is provided for by state and federal laws. The federal law that applies to maternity leave is the Family Medical and Leave Act (FMLA). This law provides most employees with up to 12 weeks of unpaid leave for the birth or adoption of a child. An expectant mother in the state of New York can apply for maternity leave by contacting her employer.

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Research your eligibility for unpaid maternity leave. If your workplace employs more than 50 individuals and you have worked for your employer for more than 12 months, you are probably entitled to take unpaid maternity leave.

Contact your employer's human resource department to inquire if there are any limitations or requirements that apply under your company's leave policies. You may be required to complete a form or to contact the office again when you plan to take your leave.

Request leave from your employer under the FLMA at least 30 days before it is needed. Federal guidelines require at least 30 days notice.

Determine if you qualify for the state's provisions for paid maternity leave. If you are temporary disabled as the result of childbirth or pregnancy you might be eligible to receive temporary disability insurance from the state.

Contact your employer if you become hospitalized and need to apply for disability benefits. Your employer is then required to send you a Statement of Rights under the state's Disability Benefits Law within five days of learning of your disability.


Some employers may allow you to apply FLMA retroactively as long as the proper forms have been signed and returned.

Wait until you are at least through your first trimester before making a request for leave.

Contact your employer as soon as possible if your doctor orders bed rest or hospitalization.

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About the Author

Cameron Easey has over 15 years customer service experience, with eight of those years in the insurance industry. He has earned various designations from organizations like the Insurance Institute of America and LOMA. Easey earned his Bachelor of Arts degree in political science and history from Western Michigan University.

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