If you’re pregnant and working in New York, the law is now more firmly on your side than ever before. Thanks to new protections at both the state and city levels, as well as expanded federal rules, you may be entitled to paid time off for prenatal appointments, schedule changes, and job protections that your employer can’t legally deny. Here’s what you need to know.
1. New York State Now Offers Paid Prenatal Leave (Effective Jan 1, 2025)
– New York is the first state to guarantee 20 hours of paid leave specifically for prenatal care.
– This leave is separate from existing sick leave or paid family leave.
– Covered uses include OB-GYN appointments, ultrasounds, midwife visits, and other prenatal health needs.
– Employers cannot force you to use other types of leave first, nor can they require burdensome documentation.
– The leave is available as soon as you’re hired—no waiting period.
2. NYC Adds Extra Requirements for Employers (Effective July 2, 2025)
If you work in New York City, your employer has additional responsibilities under the amended Earned Safe and Sick Time Act (ESSTA):
– Employers must provide written notice of your right to paid prenatal leave.
– They must update paystubs or written statements to show how much prenatal leave you’ve used and what remains.
– Employers must also post updated notices and distribute them to all current employees and new hires.
– These changes went into effect July 2, 2025 giving you even more leverage if your employer isn’t complying.
3. Federal Law Also Protects You: The Pregnant Workers Fairness Act
Under the federal Pregnant Workers Fairness Act (PWFA), which took effect June 2023, employers with 15 or more employees must offer reasonable accommodations for pregnancy-related needs unless it would create an undue hardship.
– Examples of accommodations include extra bathroom breaks, modified duties, remote work, or time off for nausea or recovery.
– You do not need to prove a disability. Pregnancy and related conditions are enough to trigger protections.
4. What To Do If Your Employer Pushes Back
– Document everything: who you spoke with, what was said, and when.
– Make your requests in writing, and keep a copy.
– If your employer denies leave, refuses to accommodate you, or retaliates in any way, don’t assume that’s legal.
– You have rights under federal, state, and local law, and you may be entitled to compensation.
Seek Assistance from a Qualified Employment Attorney
For anyone who has been a target of workplace discrimination in New York, working with a qualified and knowledgeable attorney is often the best course of action for effectively addressing these issues. At Risman & Risman, we offer adept legal help for those facing workplace discrimination. Our team can provide you with specialized legal services for your issues. Call us today at 212-233-6400 to schedule a free initial consultation with our team.