Maternity Leave

I am working in NJ and have been working for my current employer for under a year. I knew I was pregnant when I applied for the job and then started work with them but did not disclose this information at the time. Did I have a legal obligation to tell them I was pregnant when I was hired?

I understand I am not covered under FMLA as I have been working there under a year. But what maternity leave does my employer have to give me, if any?

It is a small organization employing less than 50 people.

Ty

1.  No, you had no obligation to advise them you were pregnant when you applied.

2.  None under the law.  All of the protected leaves in NJ require 50 employees or more.  However, that doesn't mean you won't get some time off; it just means your job will not be protected under the FMLA or the state equivalents. 

http://lwd.dol.state.n...

http://lwd.dol.state.n...

I will add, however, that you must be treated the same as any other similarly situated nonpregnant employee who needed the same amount of time off.  For example, if Joe Smith had also been there for less than a year and needed 8 weeks off for a broken leg, you must receive 8 weeks off as well.

Small firm likley is NOT covered under FMLA.

But NJ has some other rules of its own, many of which  broadened the coverage....you need to did deeper as to NJ rules.

I seriously doubt you had a legal obligation to inform employer at the time--and as a practical matter if you had you might have been passed over.

NJ made major changes to its disability coverage law about 1 year ago--I simply don't know details But I suggest you dig --you might  be covered under NJ short term disability ....for PAID leave of up to 6 weeks

I'd dig before I made comments to my boss or others at work etc.  (You don't want to get fired for something unrelated so as to get you off coverage) State plan is state funded--but who is covered is beyond me.

The links I provided are for state disability insurance and the new Family Leave Insurance program.  The poster was correct that she does qualify for either federal nor New Jersey FMLA.  Didn't see any need to confirm that any more than I did.

thanks for your reply - and links - very helpful.

I still think its worth a double check---

I thought NJ extended paid short term disability coverage to literally anyone covered by unemployment compensation coverage which I think gets you down to tiny employers with tiny payrolls and rather limited required service time like about 5 months not 1 year and it may even link prior employment time for coverage to get to required time...

Hey I've been wrong lots of time--but its free to double check!

That's true, but disability benefits do not protect the employee's job.  The link I provided gives the eligibility requirements for benefits.

OK--but I took OP's question to be in broader context to be asking about her  possible "benefits"

I agree that it is most unlikley her job position is secured.

However I think it  seems she would be entitled to paid leave  if she is covered under NJ's UC laws at something like 2/3 full pay for several weeks prior and several weeks after childbirth subject to being medically unable to work in  professional medical opinion! (And employer may have right to also involve its choice of doctor)

Now if she is physically capable of work right up to 16 hrs before child birth and has a quick recovery in say 15 days--thats the scope of her entitlement---it does not cover the childs needs or issues of breastfeeding or what have you--just medical inability to work for a modest period.

??

You may very well be right.  But the website links I provided should answer the OP's questions.  I didn't see the need to read everything and restate everything for her.  Besides, I have to work sometime.