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Employers in New York Must Provide Paid Medical Leave During Pregnancy

A new law effective Wednesday grants pregnant New Yorkers at least 20 hours of paid leave for prenatal medical appointments.

Governor Kathy Hochul announced that this program makes New York the first state in the U.S. to offer paid leave specifically for prenatal care.

This benefit covers pregnancy-related medical visits, including physical examinations, end-of-pregnancy care, and fertility treatments. It is available to all private-sector pregnant employees and aims to reduce infant and maternal mortality rates in the state.

“I pushed to create the nation’s first paid prenatal leave policy because I believe that no pregnant woman in New York should have to choose between a paycheck and a check-up,” Hochul stated in a release last month.

This leave is distinct from other sick leave benefits, with employers prohibited from requesting medical information when workers apply for it. However, spouses of pregnant employees are not eligible.

Implementation Specifics

Beginning January 1, 2025, New York employers must offer 20 hours of paid “prenatal personal leave” during any 52-week period for workers to attend prenatal medical appointments. This policy, outlined in Sections 196-b.2 and 4-a of the New York Labor Law, was enacted as part of the state’s budget amendment.

The amendment defines “paid prenatal personal leave” as time off for pregnancy-related medical services, including physical examinations, tests, and consultations with healthcare providers.

Qualification and Use

• The policy applies to all New York employers, regardless of size.
• Both full-time and part-time employees are eligible.
• Leave can be taken in hourly increments and must be compensated at the employee’s regular rate of pay or the state minimum wage, whichever is higher.
• Employers are not required to pay employees for unused prenatal leave upon separation.

Connection to Other Leave Regulations

This leave is in addition to benefits provided under the New York Paid Sick Leave Law. Employers are prohibited from:

• Requiring employees to disclose private health information as a condition for granting leave.
• Retaliating or discriminating against employees who request or use the leave.

Unresolved Issues

The law does not address several key details, including:

• Whether employees can utilize all 20 hours immediately after hire.
• Documentation requirements for leave requests.
• Year-to-year carryover policies.
• Interplay with other forms of paid time off.

The New York Department of Labor is expected to issue FAQs or regulations to clarify these points.

Preparing for Implementation

New York employers are encouraged to update their leave policies in anticipation of the law’s January 1, 2025, effective date. This initiative aligns with federal efforts to support pregnant and nursing employees, such as the Pregnancy Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.

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Source : apnews

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