New York employers are already covered by the New York State Sick Leave law that requires them to provide paid sick leave in amounts that vary by the size and revenue of the employer. Employers with 100 or more employees must give 56 hours of paid sick leave; those with between five and 99 employees, must provide 40 hours of paid sick leave with similar rates for smaller employers. Starting January 1, 2025, pregnant women are entitled to receive an additional 20 hours of paid time off under the new Paid Prenatal Leave Law.
The law requires all employers regardless of size to give pregnant women 20 hours of paid prenatal personal leave during any 52-week calendar year, in addition to the time off mandated by the Paid Sick Leave law. The right to prenatal leave ends with the birth of the child.
The paid time off is not limited to illness, but may be used for prenatal healthcare, medical procedures, fertility treatment, monitoring, and testing. Employees may take prenatal personal leave regardless of their length of service. It is not available to persons not directly impacted by pregnancy disability.
In the past, the case law established that women who were disabled by their pregnancy would be treated the same as male employees who needed time off for their own condition, receiving the same time off and paid benefits as a similarly situated man. New York laws have been enacted that provide unpaid break time for breast-feeing and now paid time off for prenatal care. With these developments, female employees are entitled to more paid and unpaid time off than male employees. A challenge to the law at some point would not be a surprise.
For more information see the FAQ
https://www.ny.gov/new-york-state-paid-prenatal-leave/frequently-asked-questions
