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In New York, an employer may not fire or mistreat a worker because she is pregnant and should provide accommodations such as breaks, a modified schedule or lighter duties. New York City law also protects people caring for children or relatives with disabilities from discrimination based on their caregiving responsibilities.
A cashier at a store on Manhattan Avenue, six months pregnant, asks for a stool and hears “we stand here.” A cleaner in a Manhattan office building is told that since she’s pregnant, she “might as well go on leave now.” A bookkeeper from Maspeth comes back from maternity leave to learn her position was “eliminated” – and someone new has been hired in her place.
Similar stories involve people caring for young children, a sick spouse or an older parent with a disability. New York State and New York City law offer specific protections in these situations. This guide explains what accommodations are available during pregnancy and after birth, how caregivers are protected, and where to turn when an employer refuses.
Pregnancy at work: what accommodations are available
According to New York State, it is illegal for any employer in the state to fire an employee because she is pregnant or to refuse to hire her for that reason. Since 2016, the New York State Human Rights Law has also required reasonable accommodations for pregnancy, childbirth and related medical conditions.
Examples the state lists include occasional breaks to rest or drink water, a modified schedule, time off for pregnancy-related medical needs, available light duty and a transfer away from hazardous work. An employer may not require a worker to stay on leave until she gives birth, and after pregnancy-related leave she has the right to return to work.
New York City adds its own Human Rights Law, and at the federal level the Pregnant Workers Fairness Act has applied since June 27, 2023, to employers with 15 or more employees. The NYC Commission on Human Rights lists accommodations such as extra bathroom breaks, being allowed to sit, schedule changes, desk work and temporary reassignment.
Talking it through: the “cooperative dialogue”
City law requires an employer who knows, or should know, about a pregnancy and related needs to hold a good-faith conversation with the worker about those needs and possible solutions – a “cooperative dialogue.” It should happen promptly, and the employer must give its final decision in writing.
Under the city’s guidance, unpaid leave is a last resort, to be used only after other options are considered. Forcing a pregnant worker onto leave at a set point in her pregnancy is listed outright as a violation. Asking for an accommodation is itself protected – punishing someone for it is illegal retaliation.
It’s best to make the request in writing, even by email, and to be specific about what you need: a chair, shorter shifts, no heavy lifting. Attach a doctor’s recommendation if you have one. Keep the employer’s reply, even if it’s a refusal.
Call and talk it through in Polish: 718-383-0100
Prenatal visits, pumping at work and coming back after birth
Since January 1, 2025, privately employed pregnant workers in New York State may be entitled to 20 hours of paid time off for prenatal care, including doctor’s appointments and procedures. This is on top of regular paid sick leave.
For up to three years after giving birth, a worker has the right to paid 30-minute breaks to express breast milk when needed. The employer must make reasonable efforts to provide a private space near the work area. City guidance adds that a lactation room should be shielded from view, with an outlet, a chair, a surface and running water nearby.
Most people who work for private employers in New York State are also eligible for Paid Family Leave, including to bond with a new child. Worse treatment after returning – losing clients, a worse schedule, comments about being “less available” – can be a sign of discrimination. New York State sums up these rights on its page on pregnancy rights in the workplace.
Family responsibilities: familial status and caregiver status
State law protects against discrimination based on familial status. That covers people who are pregnant, have a child under 18 or are in the process of securing legal custody of one. It is illegal, for example, to pass someone over for a job or promotion because they have children at home, or to assume a parent will be a less reliable employee.
Familial status does not create a separate right to accommodations for a child’s needs. According to the New York State Department of Labor, however, an employer must grant time off or other changes to the same extent it grants them for other personal reasons.
In New York City, caregiver status has been protected since May 4, 2016, at employers with four or more employees. A caregiver is a parent who provides direct and ongoing care to a child under 18, or someone caring for a parent, sibling, spouse, child of any age, grandparent or grandchild with a disability, or for a person with a disability who lives with them. Employers don’t have to accommodate caregiving, but they can’t deny caregivers a flexible schedule they give to other employees.
How to prepare for your first conversation with The Stein Law Group
- Requests and replies. Emails, texts and letters in which you disclosed the pregnancy, asked for an accommodation or mentioned caregiving duties, along with the employer’s responses. Dates matter a great deal.
- Doctor’s recommendations. Notes and work restrictions, prenatal appointment dates, and records from the birth and your return to work.
- Schedules and pay stubs. Records showing how your hours, duties and pay changed after you disclosed the pregnancy or family responsibilities.
- How others were treated. Whether coworkers got breaks, lighter duty or flexible hours for other reasons. That comparison is often key evidence of unequal treatment.
- Supervisors’ comments. Remarks like “mothers should stay home” or “you can’t work shifts with kids,” written down right away with the date and witnesses’ names.
The Stein Law Group, with offices in Greenpoint and Maspeth, handles workplace discrimination cases – practice areas and contact details in the Polish Pages directory.
Deadlines and mistakes to avoid
For discrimination that occurred on or after February 15, 2024, a report to the New York State Division of Human Rights must be filed within three years of the most recent incident. A complaint with the NYC Commission on Human Rights generally has to be filed within one year. The route you choose shapes how the case proceeds, so it’s worth discussing before the first filing.
The most common mistakes are asking for an accommodation only verbally, quitting under pressure before speaking with a lawyer, and signing a separation agreement without checking what rights you are giving up. Waiting “until after the baby comes” is another – the deadlines keep running in the meantime.
Frequently asked questions
Can my employer put me on leave because I’m pregnant?
Under state law, an employer may not require a worker to stay on leave until she gives birth. City guidance lists forcing leave at a set point in pregnancy as a violation.
Is caring for a sick parent protected?
In New York City, yes, if the parent has a disability and you provide direct and ongoing care. The protection applies to employers with four or more employees.
Are pumping breaks paid?
Yes. In New York State, workers are entitled to paid 30-minute breaks for up to three years after giving birth, when needed.
How long do I have to file?
With the State Division of Human Rights, three years from the most recent incident (for discrimination on or after February 15, 2024). With the city Commission, generally one year.
Pregnancy and caring for loved ones are times when a steady job matters most, and a conflict with an employer weighs especially heavily. A well-documented accommodation request often resolves things without a dispute, and when it doesn’t, it becomes the foundation for next steps.
Your first conversation with the firm’s team is always in Polish, and the consultation is free. Attorney Adam J. Stein, Esq. will assess which laws apply in your situation and which route makes sense.
Talk to us about your situation at work: 718-383-0100
This article is for general information only and is not legal advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact The Stein Law Group, PLLC about your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
