New York employers are now required to provide up to 20 hours of paid leave for prenatal medical appointments to pregnant employees each year. This prenatal leave is in addition to any regular sick leave or other leave the employee is entitled to. The measure was added to the New York Paid Sick Leave law and took effect in 2025, but remains an important new benefit heading into 2026 as more employees become aware of it. Employers should ensure their leave policies and payroll systems are updated to track this additional bank of 20 hours for prenatal healthcare. Notably, this prenatal leave must be paid at the employee’s regular rate and cannot reduce their other sick time balances.
Furthermore, New York City has amended its Earned Safe and Sick Time Act (ESSTA), effective February 22, 2026, bringing two major changes for NYC employers:
First, employers must provide an extra 32 hours of unpaid sick/safe leave per year to all eligible employees. This is on top of the 40 hours for small employers, or 56 hours for large employers, of paid safe/sick leave already required by city and state law. The unpaid leave bank must be front-loaded, i.e., made available at the start of each year and at hire, and can be used for any purpose that paid safe/sick leave covers.
Second, the law broadens the acceptable reasons for taking leave. As of Feb 2026, additional “safe time” uses will include caregiving for a child or dependent when school or childcare is closed due to a public health emergency; needs related to seeking social services or legal aid in certain cases, e.g. housing or food aid; absence due to being a victim of workplace violence; and other public emergency scenarios. These add to the existing reasons, e.g., personal illness, family illness, or domestic violence related matters.
Accordingly, NYC employers should update their sick leave policies and employee notices to reflect the new 32-hour unpaid leave entitlement and the expanded list of covered leave purposes. Also, since NYC has formally codified the 20-hour paid prenatal leave within ESSTA as well，employers in the city will face agency enforcement on that requirement as part of sick leave compliance.
With New York’s leave landscape growing, employers must take care to coordinate various entitlements. For instance, the state’s Paid Family Leave (PFL) continues to allow up to 12 weeks off (partial pay through an insurance program) for bonding with a new child or caring for a seriously ill family member. While there are no major changes to PFL benefits in 2026, remember that PFL can run concurrently with federal FMLA leave in some cases. Meanwhile, the new paid prenatal leave is distinct from PFL; it is a short-term leave for prenatal appointments, likely to be used intermittently, i.e., a few hours at a time. Employers should train HR staff to handle requests properly – e.g. an expectant mother in NYC could use paid prenatal leave hours for doctor visits, then later take unpaid temporary schedule changes or use safe leave for other pregnancy-related needs, and eventually apply for PFL for maternity leave after birth. All these benefits have different rules and documentation, so maintaining clear policies and employee communications is critical.
Outside Legal Counsel LLP can help ensure that businesss are in compliance and are fulfilling their obligations under the New York Paid Sick Leave law, the Earned Safe and Sick Time Act and other applicable laws. Reach out to us for a consultation about our services and this process.
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