The state of New York has recently passed several legislations aimed at expanding healthcare options for pregnant individuals.
In one legislation signed into law, employers in New York would now be required to provide employees with 20 hours of paid "prenatal leave" in any 52-week calendar period.
The paid prenatal leave will be granted to pregnant employees who need to attend prenatal medical appointments during or related to their pregnancy. It should also be granted to pregnant employees needing to undergo monitoring, testing, and discussions with a health care provider.
How Does Paid Prenatal Leave Work?
The law will apply to New York employers regardless of the number of their employees. The new paid prenatal leaves should be granted for both part-time and full-time employees in hourly increments.
There are two ways employers could pay employees taking prenatal leave. An employee can either be paid their regular rate or the applicable minimum wage in the New York law---whichever is higher, per Crowell.
It is important to note that employers are not legally obligated to pay employees for any unused prenatal personal leave.
The legislation does not provide any direction on whether employers are required to document paid prenatal leaves granted to employees. Consequently, it also does not provide any direction on employee notice requirements. It is also unclear whether prenatal leave can be carried over to the following year or if it can be used by an employee immediately after they are hired.
The policy will be effective beginning Jan. 1, 2025.
Other Policies for Mothers and Families
Apart from paid prenatal leave, New York also passed legislation that requires maternity care facilities to discuss with their patients key details about their safety policies. This should include how they handle obstetric emergencies and how they transfer patients who are critically ill, according to WRRV.
Furthermore, New York is now requiring Medicaid to cover prenatal-related telemedicine services, including ultrasound scans and fetal non-stress tests. This law could help remove barriers to healthcare, especially for mothers living in rural areas or those who may struggle to afford prenatal services or travel for key prenatal tests.
