New York Becomes First State to Mandate Paid Prenatal Leave

Making New York the first state to mandate a standalone entitlement to paid prenatal leave, the governor on April 19, 2024, signed an amendment to New York Labor Law § 196-b (the statewide paid sick and safe leave law) that will require employers to provide up to 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures. The leave entitlement was included in New York’s final budget for fiscal 2025. This is the first law of its kind in the United States as it provides a separate bank of paid, protected leave for pregnant employees for prenatal care above and beyond existing paid leave entitlements.

This “paid prenatal personal leave,” as it is called in the amendment, can be used by pregnant employees for healthcare services, testing or procedures that relate to their pregnancy. Paid prenatal leave does not appear to be an accrued benefit and the text of the amendment suggests it must be made immediately available to employees in its entirety at the time they are hired. The 20 hours of paid leave can be taken in hourly increments. Per the amendment, employees are to receive compensation for paid prenatal personal leave at the employee’s regular rate of pay or the applicable minimum wage, whichever is greater.

Paid prenatal personal leave is in addition to paid sick and safe leave (40 or 56 hours, depending on the size of the employer) and paid family leave employees in New York are currently entitled to, and in addition to the separate bank of paid safe leave available to employees working in Westchester County, N.Y. Some employees may also be eligible for unpaid leave under the Family and Medical Leave Act for serious health conditions. The statute does not restrict the number of times paid prenatal leave can be taken by a single employee over time, other than to limit the use to 20 hours in a 52-week period.

The amended law provides that unused paid prenatal personal leave is not a benefit that needs to be paid out upon an employee’s termination, resignation or other separation from employment.

This amendment takes effect Jan. 1, 2025. New York employers should consider updating their leave policies to reflect this change and inform their HR and benefits team members so they are aware of this change in the law and the availability of this new leave benefit.

Additionally, the final budget established an end date of July 31, 2025, for the COVID-19 Paid Sick Leave Law that has been in effect since March 2020. During budget negotiations, New York Governor Kathy Hochul’s FY 2025 New York State Executive Budget called for a complete sunset of the COVID-19 Paid Sick Leave Law, effective July 31, 2024. The pertinent section of the governor’s Memorandum in Support clearly set forth that the governor herself had difficulty ascertaining how the COVID-19 Paid Sick Leave Law may continue to be applied in light of the uncertainty surrounding orders of quarantine or isolation: The Memorandum of Support explained, “Enactment of this bill is necessary to implement the FY 2025 Executive Budget because quarantine requirements have changed, making the present eligibility requirements of the COVID-19 Paid Sick Leave Law unclear. With the end of the COVID-19 state of emergency, this law is no longer necessary.”

Although the governor’s proposed sunset date was ultimately delayed by one year, it is welcome news to many New York employers that desire to move past COVID-era employment laws and restrictions.

Rebecca Goldstein and Stephen A. Fuchs are attorneys with Littler in New York City. Sanjay V. Nair is an attorney with Littler in Long Island, N.Y. © 2024 Littler. All rights reserved. Reposted with permission.