Paid Prenatal Leave
New York State is the first state to enact a standalone entitlement for paid prenatal leave. Effective January 1, 2025, New York employers will be required to provide 20 hours of paid prenatal leave in a 52-week calendar period to pregnant employees for healthcare services relating to their pregnancy.
These services include medical procedures, monitoring and testing, physical examinations, discussions with healthcare providers, or other types of prenatal care. Additionally, the new law does not restrict how often paid prenatal leave can be taken by an employee, other than to limit its use to 20 hours in a 52-week period.
There is no waiting period for employees to be eligible to use paid prenatal leave. Leave will be paid at the employee’s regular rate of pay or the applicable minimum wage, whichever is higher. The new leave entitlement does not mandate payout of unused prenatal leave upon an employee’s separation from employment.
COVID-19 Paid Sick Leave
The 2025 state budget also continued COVID-19 Paid Sick Leave for more than a year by setting July 31, 2025, as the sunset date for this job-protected leave. Under this leave entitlement, depending on the business’s size, employers must provide at least five or 14 days of paid leave to employees subject to a mandatory or precautionary order of isolation or quarantine due to COVID-19. New York’s COVID-19 Paid Sick Leave law is the last remaining law of this kind in the country.
Best Practices for Meeting Emerging Leave and Break Obligations
Due to these changes in New York law, New York employers should consider doing the following:
- Review and revise employee handbooks, leave policies, and break practices to align with these new paid leave and break obligations
- Train appropriate managers and Human Resource personnel on rules to comply with paid prenatal leave, paid lactation breaks, and COVID-19 Paid Sick Leave requirements
- Watch for additional guidance from the state of New York regarding paid prenatal leave and paid lactation breaks
- Consult with legal counsel if you are unclear regarding any aspect of these laws because non-compliance can be costly
These emerging leave and break obligations present new challenges for New York State employers. While the COVID-19 Paid Sick Leave requirements have a clear end date, the changes to Paid Prenatal Leave and Paid Lactation breaks may represent trends that could impact other states in North America. As your organization continues to take measures to remain compliant, it is worth recognizing that meeting these accommodations can foster a workplace culture that values and supports the diverse needs of employees, ultimately benefiting both workers and businesses alike.
