Being pregnant does not give your employer license to make assumptions about your ability to work or put your job in jeopardy. This is called pregnancy discrimination. Under federal, state, and local anti-discrimination laws, employers cannot treat you unfavorably because you are pregnant, recovering from childbirth, or have a medical condition related to your pregnancy or childbirth.
If you are pregnant, recovering from childbirth, or have a related medical condition and work for, or are applying to work for, an employer in New York State, then you are covered.
You are also covered by the law if you are an independent contractor.*
*New York State law defines “non-employees” as contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace.
Your employer cannot:
If you are applying for a job, an employer cannot:
There are no real legal deadlines for notifying your employer until late in your pregnancy, when you will need to request leave 30 days in advance of taking off for childbirth and/or bonding if you are covered by New York paid family leave or the federal Family and Medical Leave Act.
If you suspect that your boss won’t be happy to hear you are pregnant, don’t feel pressure to tell them before you are ready. However, keep in mind that your colleagues and boss may appreciate being told as soon as you feel comfortable, so that they, and you, can plan ahead.
To download the full New York Working Woman’s Pocket Guide as a PDF, click here.