New York employers face significant leave policy changes in 2026. Here's what you need to know.
1. New York State Paid Prenatal Leave — Now Required
What Changed
All private-sector employers in New York must now offer Paid Prenatal Leave as a standalone benefit, separate from sick leave or PTO.
Who It Applies To
- All private-sector employees in New York State
- Full-time and part-time workers
- No minimum hours or tenure requirement
The Entitlement
20 hours of paid prenatal leave in a 52-week period
The 52-week period starts the first day the employee uses this leave.
What It Covers
- Prenatal exams
- Tests and monitoring
- Medical procedures related to pregnancy
- Visits with healthcare providers
- Fertility treatments
- End-of-pregnancy care
What Employers Must Do
✔ Pay employees at their regular rate (or minimum wage, whichever is higher)
✔ Track prenatal leave separately — employees cannot be required to use other leave first
✔ Allow leave in hourly increments
✔ Communicate the policy clearly to employees
Important Protections
- Employers cannot ask for medical details or require disclosure of specific health information
- Retaliation or discrimination for taking prenatal leave is prohibited
2. New York City Safe & Sick Leave (ESSTA) — Expanded Rules Effective Feb. 22, 2026
NYC has significantly expanded its Earned Safe and Sick Time Act (ESSTA) with new unpaid leave requirements and integration of state prenatal leave rules.
Who This Covers
- Employers with workers performing services in NYC
- Includes remote workers physically located in the city
- Applies to private, nonprofit, and household employers
A. 20 Hours of Paid Prenatal Leave (NYC Integration)
NYC now formally incorporates the state's paid prenatal leave into ESSTA.
Key Requirements:
- Must be tracked separately from sick leave or other protected time
- Employers can set reasonable minimum increments (e.g., one hour)
- Written policy required outlining how leave works and how employees request it
- Policy must be distributed to all employees and included in new-hire paperwork
B. 32 Hours of Unpaid Protected Time Off (NEW)
In addition to paid sick and safe leave, NYC employers must now provide:
- 32 hours of unpaid protected time annually
- Available immediately upon hire
- Front-loaded at the start of each calendar year
- Usable for any reason covered by ESSTA (personal or family illness, public health emergencies, etc.)
- Does not carry over — resets each year
C. Broader Use Reasons
ESSTA now covers additional circumstances, including:
- Public disasters
- Workplace safety issues
- Other qualifying public health emergencies
D. Notice & Recordkeeping Requirements
Employers must:
✔ Provide written notices of employee rights at hire and when requirements change
✔ Update employee handbooks and internal policies
✔ Maintain clear records of each employee's leave balances across all leave types
3. What Employers Must Do Now
Update Your Policies
State Paid Prenatal Leave Policy should include:
- How the 20 hours are tracked and used
- Notice procedures
- Confidentiality practices
- Minimum increment rules (if any)
NYC ESSTA Policy must include:
- 32 hours of unpaid protected time
- Expanded covered reasons
- How leave types interact (paid sick, unpaid protected, paid prenatal)
Communicate to Employees
- Provide written notices to current employees
- Update new-hire packets
- Clearly explain how and when leave can be requested
Adjust Payroll & HR Systems
- Track three separate leave banks: paid sick leave, unpaid protected time, and paid prenatal leave
- Ensure payroll systems calculate prenatal leave at regular wage rates
- Update timekeeping to handle hourly increments for prenatal leave
Final Takeaway
These changes represent a significant expansion of New York employer leave obligations:
- State law introduced paid prenatal leave statewide
- NYC's updated ESSTA added unpaid protected time and integrated prenatal leave into city requirements
Compliance means updating policies, communicating clearly, and adjusting payroll systems now — not after issues arise. Want to know what compliant payroll support looks like — including adding ITIN workers properly as W-2 employees?
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