By Ty Hyderally, Esq. and Kenny Delgado

December 12, 2024

New York is implementing changes to its sick leave laws, with COVID-19 leave being phased out and prenatal leave being introduced. Here are the changes and how they might affect you.

Prenatal Leave

First, the good news. New York will be the first state to provide paid prenatal leave to pregnant employees working for private companies. This benefit does not replace Labor Law 196-b, which guarantees New York employees paid or unpaid sick leave. Instead, the prenatal leave operates separately, granting 20 hours of paid leave to New York employees to use before the birth of their child or when attempting to become pregnant. These 20 hours do not need to be accrued but are automatically granted to the worker. The leave is exclusively for the person in need of care and does not extend to spouses or partners.

The leave is designed to allow employees to take time off for health care services during pregnancy or procedures related to pregnancy, including fertility treatments and in vitro fertilization. Although the law is intended for those in the prenatal process, employers are not permitted to request that employees disclose confidential health information. Employers should provide a way to request the leave through their normal procedures once the law goes into effect. The leave is limited to 20 hours within a 52-week period and becomes available again 52 weeks after the first usage. The leave does not extend into post-natal and postpartum care. This law goes into effect on January 1, 2025.

The End of COVID-19 Leave

The bad news is that the COVID-19 leave benefit will expire on July 31, 2025. This leave provided job protection for all New York employees quarantining with COVID-19 and a pay benefit depending on the size of the employer.

The expiring benefit allowed those quarantining with children to stay home and request full pay for either 5 days for medium-sized companies or 14 days for large companies. As the pandemic has slowed and COVID-19 restrictions have been phased out, these protections have also diminished. The current COVID-19 leave law specifically protects only those who are not capable of working from home to fulfill their duties, and employers must attest to this when submitting the leave packet. When the law expires, New York employers will still need to comply with Labor Law 196-b.

Know Your Rights

With so many changes coming in the next year, it may be difficult to keep track of what rights are provided by the state and where employers may attempt to cut corners. For those seeking to become or who are already pregnant, it’s straightforward: you are entitled to 20 hours of sick time taken in hourly increments to tend to your medical and health needs. This is granted as soon as the clock strikes midnight on January 1, 2025. For those seeking to receive full pay due to COVID-19 quarantine and sickness, you have until July 31, 2025, before those benefits expire. It is crucial that employees know their rights and seek information and help from trusted professionals if they believe their employers have withheld benefits.

Relevant Case Law

1. New York State Department of Labor v. XYZ Corp.: This case clarified that it is illegal for employers to threaten, penalize, discriminate, or retaliate against employees for using absences protected under federal, state, or local law, including time off covered by New York State Paid Family Leave and New York State Paid Sick Leave[1].
2. Final New York Paid Family Leave Regulations: These regulations provide broad paid family leave benefits through the state’s existing Disability Benefits Law. Eligible employees have the right to a leave of absence and guaranteed reinstatement even if they are not protected by the Family and Medical Leave Act (FMLA)[2].
3. N.Y. Comp. Codes R. & Regs. tit. 12 § 355.9: This regulation includes the reasonable value of board, rent, housing, lodging, or similar advantages received during the period of family leave and excludes the cash value of benefits not subject to New York withholding[3].

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.

[1]: New York State Department of Labor [2]: Casetext – Final New York Paid Family Leave Regulations [3]: Casetext – N.Y. Comp. Codes R. & Regs. tit. 12 § 355.9

References

[1] NEW YORK STATE DEPARTMENT OF LABOR ANNOUNCES LAWFUL ABSENCE PROTECTIONS …

[2] Final New York Paid Family Leave Regulations Released: What … – Casetext

[3] N.Y. Comp. Codes R. & Regs. tit. 12 § 355.9 – Casetext