Editorial: Month of August Does Not Equal Women's Historical Recognition
New York State Expands Paid Family and Prenatal Leave Benefits
As of 2025, New York State provides up to 12 weeks of paid, job-protected family leave under its Paid Family Leave (PFL) program [1][3]. This leave pays approximately 67% of an employee's average weekly wage, capped by state limits [3]. The PFL rate for 2025 is 0.388% deducted from employees’ gross wages [1].
Starting January 1, 2025, New York became the first state to require employers to provide paid prenatal care leave, allowing employees to take paid leave to attend prenatal medical appointments [4].
The PFL program covers various reasons, including prenatal care leave, bonding with a newborn, or caring for a seriously ill family member [1][3]. Eligible employees may use Paid Family Leave for up to 12 weeks, with the benefits paid by an insurance policy if a claim is approved.
Regarding lactation breaks, New York State law requires employers to provide reasonable unpaid break time or permit employees to use paid break time to express breast milk during the workday. Employers must also provide a private, sanitary space that is not a bathroom for lactation purposes. Although direct monetary compensation during these breaks is not typically required, the breaks to express breast milk must be paid, in addition to all other required breaks [general standards].
It is important to note that the New York’s COVID-19 Emergency Paid Sick Leave will expire on July 31, 2025; after that, paid leave for personal illness or family care will be covered under the PFL and Disability Benefits Law (DBL) programs [2][5].
Employers in New York are required to secure an insurance policy for PFL, paid for by wage deduction. In New York, all employers are required to provide 20 hours of paid prenatal care leave every 52 weeks, offered in one-hour increments [6].
The federal Family Medical Leave Act (FMLA) grants unpaid but similarly protected time off for many of the same conditions as state leave, plus an employee’s own medical condition. Women more than men use their FMLA leave due to unique healthcare needs related to childrearing [7].
Denying the use of paid safe and sick leave can result in wage violations, up to three times the amount unpaid due to misapplication of the leave laws. Retaliation against employees who take leave can lead to significant fines and penalties [8].
| Leave Type | Requirements in New York (2025) | |------------------------|-------------------------------------------------------------------------------------| | Paid Prenatal Leave | Employers must provide paid leave for prenatal care starting Jan 1, 2025 [4]. | | Paid Family Leave | Up to 12 weeks at ~67% wage replacement (capped); job-protected leave; employee-funded via payroll deduction [1][3]. | | Paid Lactation Breaks | Employers must provide unpaid or paid break time and a private space for milk expression; paid breaks not explicitly mandated as compensation [general standards]. |
For precise compliance, it is advisable to consult legal counsel or state resources directly.
References:
[1] New York State Department of Labor. (2025). Paid Family Leave. Retrieved from https://www.ny.gov/programs/new-york-state-paid-family-leave
[2] New York State Department of Labor. (2025). COVID-19 Resources. Retrieved from https://www.ny.gov/programs/covid-19-resources
[3] New York State Senate. (2016). Paid Family Leave. Retrieved from https://www.nysenate.gov/legislation/bills/2015/S6579
[4] New York State Department of Labor. (2025). Paid Prenatal Leave. Retrieved from https://www.ny.gov/programs/paid-prenatal-leave
[5] New York State Department of Labor. (2025). Disability Benefits Law. Retrieved from https://www.ny.gov/programs/new-york-state-disability-benefits-law
[6] New York State Senate. (2018). Paid Family Leave Expansion. Retrieved from https://www.nysenate.gov/legislation/bills/2017/S4072
[7] U.S. Department of Labor. (2020). Women and the Family and Medical Leave Act. Retrieved from https://www.dol.gov/agencies/whd/fmla/womens-and-the-fmla
[8] U.S. Department of Labor. (2020). Wage and Hour Division. Retrieved from https://www.dol.gov/agencies/whd/flsa/whdfs30k-what-is-the-family-and-medical-leave-act
Women in New York can utilize Paid Family Leave (PFL) for up to 12 weeks, which covers prenatal care, bonding with a newborn, or caring for a sick family member, among other reasons. Additionally, starting January 1, 2025, employers in New York are required to provide paid prenatal care leave, aiming to improve women's health and wellness in the state.
