JAN 06, 2025

New York Leads The Way With Paid Prenatal Leave – What Employees And Employers Need To Know

Governor Kathy Hochul continues to make history, not just as New York’s first female governor, but as a champion for progressive labor laws that resonate deeply with women and families. Starting January 1, 2025, new legislation mandates an additional 20 hours of paid leave each year specifically for prenatal healthcare services. Unlike general sick leave, this new benefit must be made available upfront annually and cannot be accrued. These 20 hours are a separate, stand-alone benefit, distinct from other forms of leave, and are solely dedicated to prenatal healthcare. Eligible employees include all private-sector workers in New York, regardless of their tenure, who must be compensated at their regular pay rate or the applicable minimum wage, whichever is higher. The leave covers a broad range of prenatal services, including physical exams, medical procedures, monitoring, testing, fertility treatments, and end-of-pregnancy care. New York is the first state in the nation to mandate paid time off for prenatal healthcare services. This bold move places the state at the forefront of advancing workers’ rights and family health care.

The Controversial Landscape of U.S. Sick and Maternity Leave

Compared to global standards, U.S. policies on sick and maternity leave often fall short. The Federal Family and Medical Leave Act (FMLA) offers only unpaid leave, leaving many employees without sufficient support during critical life events like childbirth and prenatal care. New York has emerged as a progressive leader by offering paid family leave and now paid prenatal leave.

Remembered by New Yorkers as a landmark achievement, the 2016 enactment of the nation’s strongest and most comprehensive Paid Family Leave policy ensured that working families no longer had to choose between supporting their loved ones and safeguarding their financial stability. Building on this legacy, starting January 1, 2025, pregnant workers in New York will gain additional paid time off specifically for doctors’ appointments, procedures, or other types of prenatal care. This new paid prenatal personal leave, distinct from the Paid Family Leave program, will be part of New York’s paid sick leave initiative, reflecting the state’s continued commitment to supporting the health and wellbeing of its workforce. 

Key Protections and Distinctions 

The law introduces several new protections for employees. Employers cannot require workers to use other forms of leave, such as general sick leave or vacation, for prenatal care. Additionally, they are prohibited from requesting detailed medical documentation or personal health information, ensuring employees’ privacy is maintained. Unused hours do not roll over to the following year, nor are they payable upon termination. Retaliation against employees who exercise their rights under this law is explicitly forbidden, further strengthening protections for pregnant workers. Overall, this law addresses the gap left by the previous system, offering tailored support for prenatal healthcare and setting a new standard for worker benefits in New York.

Implications for Employers

While the law does not expressly mandate employers to notify employees about these changes, starting January 2025, employers must be vigilant in tracking and managing requests for Paid Prenatal Leave to comply with New York-specific protections and federal laws.

Employers should begin updating their administrative systems to categorize and track this new leave category. Although the legislation does not impose specific training or communication obligations, neglecting to implement the provisions effectively could lead to compliance risks.

By acting early, employers can align their policies with the new requirements, ensuring adherence to both state and federal standards. 

What This Means for Employees

This legislation is a significant victory for employees, particularly women navigating the demands of work and pregnancy. By ensuring paid time off for prenatal care, New York provides an essential safety net that prioritizes health and wellbeing, fostering a more inclusive and supportive workplace environment.

While New York is making significant strides in labor policy, this new law underscores the importance of prioritizing workplace equity and the needs of working families. It sets a national example of balancing labor protections with employee well-being, even as implementation poses challenges.

All employees and employers should understand their rights and responsibilities under this groundbreaking legislation. The Law Office of Bhavleen Sabharwal, P.C. is here to stand by you, offering guidance and support to ensure compliance and clarity during this transition. Let us help you navigate these changes with confidence.

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