By Ty Hyderally Esq. and Lorena Meza

February 5, 2025

Starting January 1, 2025, New York State became the first state in the United States to require paid prenatal leave for private employees.  This legislation provides 20 hours of paid prenatal leave for the workers who meet the requirements of the legislation, and the leave is in addition to the family and medical leave provisions.  This revolutionary law also makes it mandatory for employers in the private sector, irrespective of their number of employees, to grant New York-based employees paid leave for prenatal care services. The law covers all employees – including part-time and overtime-exempt employees and provides extra layers of protection and flexibility. Maternity leave is also included in other leave entitlements, such as paid family leave and sick leave.  Further, the employer cannot make an employee opt for one form of leave without being able to take the other leave.  In addition, the leave is accrual-based, usable from the start of the leave year, and can be taken in hours. This flexibility allows employees to attend some important prenatal appointments without having to miss a full day of work. In addition to all of this, the list of prenatal healthcare services that are to be provided by the law is comprehensive and all-inclusive. It covers antenatal procedures, observation, diagnosis, and advice connected with pregnancy. It covers fertility treatments and the last weeks of pregnancy but does not cover the period after birth or the postpartum period. Additionally, those using this leave are protected from retaliation, and their jobs are protected. Thus, they are assured of their employment during such time.  If a company retaliates against an employee for taking leave or seeking leave, the company could face a significant legal action by the employee.

New York State Governor Kathy Hochul, who supported the bill,  proclaimed, “No woman in New York should pay her bills with her health or have to choose between a paycheck and a checkup when pregnant.” This policy can be seen as a part of a societal change that acknowledges pregnancy as a special circumstance and also takes note of the unfairness of some current work policies. This law will help 130,000 pregnant women every year.  Further, 65,800 of these employees are hourly workers who have limited access to prenatal care.  New York’s law comes at a time when there is increasing concern across the country for pregnant workers. The federal Pregnant Workers Fairness Act (PWFA) went into force in June 2023, and it required employers to make necessary adjustments to accommodate pregnancy complications but does not include paid leave.  Of course, federal laws that extend such protections are under scrutiny and attack given the change in administration.  Thus, having robust State laws is even more important to work forces in New York and New Jersey. New York’s paid prenatal leave fits the bill, and other states should take note as they try to improve these protections. Since the EEOC has focused on protecting pregnant women under the PWFA, other states may follow in their footsteps in enacting similar laws.

For New York employers, compliance with this law means that employers have to revise their workplace policies and add a specific Paid Prenatal Leave policy. The New York State Department of Labor (NYDOL) has provided clear guidelines that will assist employers in implementing the above requirements. Key steps include the following, informing employees about their rights in accordance with the new legislation, establishing precise protocols for claiming and accessing paid prenatal leave, and making sure that the new policy complements the current policies on paid time off.  Employers should also monitor the general impact of this legislation as its adoption establishes a trend that may be followed in the future in other states.

New York’s paid prenatal leave law is a major step forward for women’s rights and quality healthcare in the workplace. In this way, the State is not only enhancing the health of pregnant women and their infants but also it is making workplaces more welcoming for pregnant employees and, thus, supporting the necessary financial means for their health needs.  With more states looking into similar legislation, the fact that New York has taken this step shows that progressive policies are needed to protect the welfare of employees. For pregnant employees across the state, the new law is not simply a policy shift but an opportunity to experience more dignity, protection, and parity at work.

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