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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34884
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My question relates to paid maternity leave. I have been working

Customer Question

My question relates to paid maternity leave. I have been working for a large firm in CA for a few years. Firm also has an office in NY. I want to move to NY and I am pregnant. If I transfer my job to the NY office now, will I still be able to get my maternity benefits in NY? Or will I need to be NY resident? I lived in NY for many years until 6 years ago when I moved to CA. Any differences between CA maternity benefits and NY benefits?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  LawTalk replied 3 years ago.

Good afternoon Shabnam,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. Congratulations on your pregnancy---that is wonderful!

If you have an option of waiting to relocate to NY until after you are back to work following your maternity leave---then by all means stay in CA.

CA employee protections and laws are head-and-shoulders above that offered in NY.

In NY, your maternity benefits paid by the state will pay you only a maximum $170.00 per week. CA pays the same as unemployment benefits---generally about 60% to 65% of your regular income.

While the Family and Medical Leave Act will apply to you regardless of what state you work in, the CA Paid Family Leave program---which gives you an additional 12 weeks of bonding time with your child---and the father has these rights in CA as well.

CA by a long shot offers the better maternity benefits---so stay in CA until you are ready to return to work and don;t want the benefit of the bonding time offered in CA and which protects your position during the leave.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,


Customer: replied 3 years ago.
I need to know whether I will get paid for maternity leave if I do move to NY, even though it might be lower than CA. Does NY require residency? Maybe a NY law expert would know this.

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