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In a potentially landmark move for women's health in the workplace, New York has become the first state to mandate paid leave specifically for prenatal care.
The amendment, signed into law by Governor Kathy Hochul, requires employers to provide up to 20 hours of paid leave within a 52-week period for pregnant employees attending prenatal medical appointments and procedures.
According to New York-based law firm Cromwell, the paid prenatal personal leave applies to all New York employers, with no minimum employee threshold, and is applicable to both full-time and part-time employees.
Employees are allowed to take paid prenatal personal leave in hourly increments, and must receive compensation at their regular rate of pay, or the applicable minimum wage established pursuant to New York law—whichever is greater.
After assessment at state level, the new legislation is now set to take effect on January 1, 2025.
Reshma Saujani, founder and CEO of Moms First, a campaign by the non-profit Girls Who Code, expressed hope that other states would follow suit, “therefore emphasizing the importance of prioritizing women's health”.
Saujani's sentiments echo a growing recognition of the necessity for paid prenatal leave, particularly in light of research demonstrating its positive impact on maternal and infant health outcomes.
While the federal Family and Medical Leave Act (FMLA) provides job-protected leave for prenatal care, it falls short in providing financial support, leaving many pregnant workers without paid time off.
New York's move mirrors a similar law enacted in Washington D.C., which grants up to two weeks of paid leave for pregnancy-related medical care, alongside additional paid leave following childbirth.
Despite the absence of federal mandates for paid leave, a growing number of states have taken steps to address this gap.
Over a dozen states including California, Colorado, and Connecticut, have implemented paid family and medical leave programs, with some extending coverage to prenatal care.
New York's integration of prenatal protections within its existing paid sick leave laws represents a major step, however the efficacy of such initiatives relies on raising awareness among eligible workers.
Despite the availability of paid family leave programs, data suggests that utilization remains low, with only a small percentage of eligible workers taking advantage of these benefits.
