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New York has become the first state in the United States to require paid leave for prenatal care. As of Wednesday (January 1), the new law mandates that private-sector employers provide up to 20 hours of paid leave annually for pregnant employees to attend prenatal medical appointments. This law, signed by Governor Kathy Hochul, aims to ensure that pregnant individuals do not have to choose between their health and their paycheck.
The New York State Paid Prenatal Leave Law is a stand-alone benefit, separate from existing sick leave policies. It covers various prenatal healthcare services, including physical examinations, medical procedures, and discussions with healthcare providers. The law stipulates that employees can use this leave in hourly increments and must be paid at their regular rate or the applicable minimum wage, whichever is higher.
According to Ogletree Deakins, the law applies to all private-sector employees in New York, regardless of the size of their employer or the employee's part-time status. The leave is automatically available to employees upon hire and does not require them to accrue hours. However, the benefit is not available to spouses or partners attending appointments.
Employers are prohibited from retaliating against employees who use this leave. They are also encouraged to maintain clear records of leave usage and to communicate leave policies effectively to employees. The law does not require employees to disclose personal health information when requesting leave.