I am 5 months pregnant and work for a small firm that does not provide for any type of maternity leave. I live in New Jersey so I am eligible for benefits through the state. I was planning on taking my recovery time and bonding time through the state. However, I was just now blindsided by my job as they are claiming that partners do not count as “employees” and therefore this firm does not meet the minimum of 30 employees for me to be eligible for New Jersey Family Leave Act. Contd in comments

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I don’t have any insight into this specific issue, but it is correct that partners of a firm are not treated as employees for tax purposes and otherwise. I know at my firm partners may participate in the firm sponsored health insurance plan but it is 100% self funded (meaning the firm doesn’t cover any of the cost, each individual partner covers their own costs).

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Great to know, thank you for your insight.

Therefore, I would only be entitled to the 6 week recovery time benefit through the state. Has anyone heard of this? Partners are eligible for the health insurance plan, as well as the 401(k) plan offered through my employer. I would also be interested to see how many employees my firm listed to receive PPP. This is a huge game changer for me and I’m honestly lost on what to do. Any and all advice, suggestions, or words of encouragement would be greatly appreciated. Thank you so much.

I know in NY there are certain minimum requirements for FMLA. Have you looked into getting your own short/long term disability? I believe it may cover for maternity leave

I have- however everything I have read states that this current pregnancy would be considered a pre-existing condition and I would not qualify for benefits. I would qualify for a subsequent pregnancy but not this one. Unfortunately, my pregnancy was unexpected and my firm does not offer any std/ltd plans and I did not get one on my own. Big mistake in hindsight.

I could be completely wrong, but I think there is a way for your doctor to state you need further time under FMLA based on disibility

You need to figure out how that NJ law defines employees for its coverage. How the employer identifies personnel is not always determinative. That said you’re hearing it from a bunch of attorneys who presumably checked and understand the law so they could be right. If it was In my state I’d suggest an informational call to the agency that oversees those benefits to see if they have any insight (as a starting point).

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