I would start the planning and documenting part earlier than 34 weeks, since it's not unusual at all to give birth a few weeks prior to your due date. I suggest you assume you may give birth at 37 or 38 weeks, and try to be ready for the handoff of your work tasks at that time.
However, if your company fires you because of your pregnancy (and you are “able and available” for work), you can receive unemployment compensation. You can continue to receive your unemployment compensation benefits after the child is born if you are able and available to work.
There's a chance to receive a short term disability insurance for maternity leave if already pregnant. Disability is among the reasons to take early maternity leave. Search the Internet for your state's disability insurance policies.
Employer Responsibilities: Pregnant Employees New York State employers with more than four employees may not fire an employee because she is pregnant. As an employer, you may not change an employee's terms, conditions, and privileges of employment because of the employee's pregnancy, childbirth, or related conditions.
Once you tell your boss and colleagues that you're pregnant, set up a meeting with your HR rep. You need to give at least 30 days' notice for FMLA, but it's best to know as far in advance as possible what your options are. This is also a good time to talk to co-workers who also went on leave from your company.
Visit the FMLA website to find and print out the FMLA form. Have your employer complete section 1, then fill out the required information in section 2, like your full name. Meet with your healthcare provider and have them fill out section 3, then return the completed form to your employer.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
The laws on maternity leave vary from state to state. But generally, no. An employer cannot force you to take a leave before the qualifying event happens.