Pregnant workers have the right to reasonable accommodations to stay safe and healthy while working. These accommodations can include remote work, flexible schedules, sitting instead of standing, more bathroom or meal breaks, avoiding heavy lifting, changes to dress code policies, and designated break time with a private, clean space to pump after the baby is born.

Employers must provide these accommodations unless doing so would be an ‘undue hardship’—meaning it would be very difficult or expensive. However, it’s hard for employers to prove undue hardship, so workers should ask for what they need.

If an employer believes an accommodation is an undue hardship, they must explain why and work with the employee to find an alternative. Keep records of all communications with your employer. You cannot be fired for requesting an accommodation.

If your employer retaliates or denies your accommodation, you may be entitled to damages for lost wages and emotional distress.

Each parent in New York State is entitled to 20 hours of paid leave per year for prenatal health care appointments, fertility treatments, and end-of-care treatment (such as miscarriage or abortion). Additional leave may be available as a reasonable accommodation. Pre-natal leave and reasonable accommodations leave are available from the first day of employment.

Federal law also provides up to 12 weeks of unpaid leave if you become disabled. But to qualify, the employee must have worked at the company for at least one year and have worked 1,250 hours in the past 12 months.

New York State law provides up to 12 weeks of paid leave to bond with a new child within the first year. This leave can be taken intermittently and pays two-thirds of the employee’s weekly wage, up to a state-defined maximum. This maximum changes every year and is based on the average weekly income for New York State residents. Employees qualify after six months of employment, regardless of company size (except some government and non-profit workers).

Federal law also provides up to 12 weeks of unpaid leave for bonding with a newborn, adopted, or foster child. This leave may be taken before birth if the employee becomes disabled. The time doesn’t have to be taken all at once. To qualify, the employee must have worked at the company for at least one year and have worked 1,250 hours in the past 12 months. If eligible for both state and federal leave, the total leave time is not doubled.

If you are denied accommodations or leave, or face retaliation, contact The Legal Aid Society for assistance. We can help you understand your rights and take action. Visit our website or call our Access to Benefits helpline for support at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m. You can also contact A Better Balance for assistance:.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.