New York becoming first state ever to add paid leave for pregnant women’s prenatal care

New York will be the first state in the country to mandate paid time off for prenatal care and any medical care linked to pregnancy.

In order to promote New York’s new paid prenatal leave legislation, which will go into effect on January 1, 2025, Governor Kathy Hochul started a statewide campaign this week.

In addition to their current sick leave benefits, any pregnant New Yorker working for a private company would be eligible for an extra 20 hours of paid sick leave for pregnancy-related medical appointments under this new policy, which was suggested in Hochul’s 2024 State of the State and passed into law in April.

Hochul also promoted new legislation this week that covers necessary medical testing for Medicaid and increases access to information about maternal healthcare.

“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 said. We’re making New York the greatest and most economical place to raise a family by increasing the minimum wage and funding reasonably priced child care.

The state’s innovative Paid Prenatal Leave program will be promoted via a statewide public awareness campaign headed by the New York Department of Labor. The campaign, which aims to inform businesses and New Yorkers about the new rule, will formally begin with the release of subway advertisements.

Reminding expectant mothers in New York that they never have to choose between prenatal care and a paycheck is its main message.

Prenatal care beginning in the first trimester decreased by 1% in 2023, falling from 77% in 2022 to 76.1% in 2023, according to the CDC. This is the second consecutive year that this loss has occurred. This comes after the rate dropped by 2% from 2021, when it was 78.3%.

The percentage of moms who did not receive prenatal care rose from 2.2% in 2022 to 2.3% in 2023, an increase of around 4.5%, according to the CDC’s study of birth certificates.

Here are some key questions answered:

Are appointments for end-of-pregnancy care covered by this law?

Indeed.

Are postpartum or postnatal appointments covered by this law?

No.

Is Paid Prenatal Leave accrued by employees?

No, starting on January 1, 2025, all employees, new and old, will automatically receive 20 hours of paid prenatal leave annually.

Can workers take Paid Prenatal Leave in increments of one hour?

Yes, workers are required to use this benefit in increments of one hour.

What happens if a worker gets pregnant more than once in a 52-week span?

Only 20 hours of Paid Prenatal Leave are provided overall, although an employee may use it for numerous pregnancies during the same 52-week period. If the second pregnancy occurs within the same 52-week window as the first, any wasted hours from the first can be carried over.

Every year, when does the 52-week period start?

When an employee takes Paid Prenatal Leave for the first time, as indicated by the date on their timesheet, the 52-week period begins.

What is the pay rate for this leave?

When using compensated Prenatal Leave, employees will be compensated at their usual rate of pay or the applicable minimum wage under the Labor Law, whichever is higher.

Do workers have to give their employer their medical records or other documents?

No, businesses are not allowed to require workers to divulge private health information in order to use Paid Prenatal Leave.

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