Pregnancy and work in New York: what are my rights?

Can I be treated differently because I am pregnant?

No. Under New York law, “[d]iscrimination on the basis of pregnancy is a form of gender discrimination,” and the State Human Rights Law forbids firing someone on that basis (Exec. Law § 296(1)(a); Wright v White Plains Hosp. Med. Ctr., 237 A.D.3d 1143, 1144 (2d Dep’t 2025)). A claim still needs facts: in Wright, a probationary employee who was fired and offered only speculation that pregnancy was the reason lost on summary judgment (at 1145–46). Compare an employee told on her first day back from maternity leave that her position had been eliminated. Her supervisor had allegedly disparaged her pregnancy and planned leave and sat in on the meeting where she was let go; the employer’s reason, that she lacked a business education, was not a requirement of the new job; and the employer later called the new job “virtually identical” to hers. A same-salary temporary job without her management duties could still be a materially adverse change. The court sent her State and City claims to trial (Lefort v Kingsbrook Jewish Med. Ctr., 203 A.D.3d 708, 709–12 (2d Dep’t 2022), reversing summary judgment for the employer). Where a jury did find pregnancy discrimination under City law, the Court of Appeals held that punitive damages are available on a lower standard than under federal law, though not automatically (Chauca v Abraham, 30 N.Y.3d 325, 329, 331–34 (2017)).

What accommodations can I ask for?

Anything that addresses a limitation from your pregnancy, childbirth or a related condition and lets you do the job: more breaks, a stool, water at your workstation, a temporary change in duties, a schedule change for appointments, remote work, or time off. Three laws require it:

• Federal law (employers with 15 or more employees). The Pregnant Workers Fairness Act requires reasonable accommodation of “known limitations” related to pregnancy, childbirth or related conditions, which means conditions you have communicated to the employer “whether or not such condition meets the definition of disability” under the ADA (42 U.S.C. §§ 2000gg(4), 2000gg-1(1)). The employer may refuse only if it can show undue hardship (§ 2000gg-1(1)).
• New York State (every employer). Employers must accommodate “pregnancy-related conditions” (Exec. Law § 296(3)(a)), defined as medical conditions related to pregnancy or childbirth, “including but not limited to lactation,” and treated as temporary disabilities (§ 292(21-f)).
• New York City (four or more). Employers must accommodate “the employee’s pregnancy, childbirth, or related medical condition” if it is known or should have been known (Admin. Code § 8-107(22)(a)), and must hold the same cooperative dialogue and give the same written final determination as for a disability (§ 8-107(28)).

Ask the same way you would ask for any accommodation: in writing, saying what the limitation is and what would help. See how to ask for a reasonable accommodation.

What if I temporarily can’t do part of my job?

Under the PWFA you are still “qualified” if your inability to do an essential function is temporary, you could do it in the near future, and the inability can be reasonably accommodated (42 U.S.C. § 2000gg(6)). So an employer cannot treat a temporary lifting restriction, for example, as a reason you cannot keep your job. The employer also may not force an accommodation on you other than one reached through the interactive process, or deny you opportunities because you need an accommodation (§ 2000gg-1(2), (3)).

Can my employer make me go on leave?

Generally, no. Under the PWFA, an employer may not require you to take leave, paid or unpaid, “if another reasonable accommodation can be provided” (42 U.S.C. § 2000gg-1(4)). Under State law, it is unlawful for an employer “to compel an employee who is pregnant to take a leave of absence, unless the employee is prevented by such pregnancy from performing the activities involved in the job or occupation in a reasonable manner” (Exec. Law § 296(1)(g)).

Do I get time off for prenatal appointments?

Yes. Every New York employer must give you 20 hours of paid prenatal leave in each 52-week period, for health care during or related to your pregnancy, including exams, procedures, monitoring and testing, and discussions with your provider. It is in addition to your sick leave, can be taken in hourly increments, and is paid at your regular rate (Labor Law § 196-b(4-a)). New York City law provides the same 20 hours for work in the City (Admin. Code § 20-913(l)). Your employer may not make you disclose confidential health information to use it (Labor Law § 196-b(5)(a)), and may not retaliate against you for requesting or using it (§ 196-b(7)).

What leave do I get around the birth?

• Disability benefits while you recover. State disability benefits cover disability “caused by or in connection with a pregnancy” (Workers’ Comp. Law § 201(9)(B)). They pay half your average weekly wage, up to $170 a week, starting on the eighth day (§ 204(1), (2)(b)).
• Paid Family Leave to bond. Paid Family Leave covers bonding with your child during the first 12 months after birth (§ 201(15)), for up to 12 weeks in a 52-week period, at 67 percent of your average weekly wage up to 67 percent of the State average weekly wage (§ 204(2)(a)). When you come back, you must be restored to your job or a comparable one (§ 203-b). Disability benefits and Paid Family Leave cannot be collected at the same time (§ 205(4)), and together may not exceed 26 weeks in a 52-week period (§ 205(1)(a)). Either parent can take Paid Family Leave to bond.
• The FMLA. If you are eligible, you may take up to 12 weeks of unpaid, job-protected leave for the birth and to care for the baby, and for any period when a serious health condition, including a pregnancy complication, keeps you from working (29 U.S.C. § 2612(a)(1)(A), (D)). Where the birth date is foreseeable, you must give 30 days’ notice, or as much as is practicable (§ 2612(e)(1)).

These can overlap. The FMLA holds your job; disability benefits and Paid Family Leave pay you. Paid Family Leave and FMLA leave are used at the same time, not one after the other (Workers’ Comp. Law § 205(2)(c)). See time off for your own condition.

What are my rights when I go back and need to pump?

• Paid break time. Thirty minutes of paid break time each time you reasonably need to express breast milk, for up to three years after childbirth, plus existing paid break or meal time beyond that (Labor Law § 206-c(1)).
• A private space. On request, a room or other location close to your work area that is not a restroom, and access to refrigeration for the milk if the workplace has it (§ 206-c(2)).
• A written policy. The employer must give you its written policy on these rights when you are hired, every year, and when you return after giving birth, and must respond to a request for a space within five business days (§ 206-c(3)).
• In New York City, employers must provide a lactation room and a refrigerator near your work area, and their written lactation policy must commit to answering a request within five business days and to the 30 minutes of paid break time (Admin. Code § 8-107(22)(b), (c)).
• No discrimination for pumping. “No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place” (Labor Law § 206-c(1)).

Can I be fired for asking?

No. The PWFA forbids taking adverse action against you for requesting or using an accommodation, and separately forbids retaliation (42 U.S.C. §§ 2000gg-1(5), 2000gg-2(f)). The State and City laws forbid retaliation too (Exec. Law § 296(7); Admin. Code § 8-107(7)). See can I be fired because of my condition, my leave or my request.

What are the deadlines?

General periods only; when a period starts depends on the facts. An EEOC charge under the ADA or the PWFA is generally due within 300 days in New York. A State Human Rights Law claim can be brought in court within three years (CPLR 214(2)), or with the Division of Human Rights within three years for conduct on or after February 15, 2024 and one year before that (Exec. Law § 297(5)). A City Human Rights Law claim can be brought in court within three years (Admin. Code § 8-502(d)) or with the City Commission within one year (§ 8-109(e)). Filing with the Division or the Commission can bar a later lawsuit on the same claim (Exec. Law § 297(9); Admin. Code § 8-502(a)). See the deadlines on the main page.

What can I recover?

Under the PWFA, the same remedies as under Title VII, with emotional-harm and punitive damages capped by employer size, and no damages in an accommodation case if the employer shows good-faith efforts, in consultation with you, to find an accommodation (42 U.S.C. § 2000gg-2(a), (g)). The State and City laws have no cap. See what you can recover.

What is unsettled?

• Temporary inability under State law. The PWFA expressly treats you as qualified during a temporary inability to do an essential function (42 U.S.C. § 2000gg(6)). The State definition of a pregnancy-related condition, for employment, covers only conditions that with accommodation do not prevent you from doing the job “in a reasonable manner,” though it also says those conditions are to be treated as temporary disabilities (Exec. Law § 292(21-f)). We are not aware of an appellate decision on how those two provisions fit together for a temporary restriction.
• The federal PWFA regulations. This page relies only on the text of the PWFA, not on the EEOC’s regulations under it.

What should I gather?

• Your written accommodation requests and every reply.
• Your provider’s note describing any limitations and how long they are expected to last.
• Any notice pushing you onto leave, and what you were told about why.
• Your employer’s written lactation policy.
• Your disability benefits and Paid Family Leave claim forms and decisions.