New York independent schools should be aware of several significant developments in state law impacting their employees. Schools should review and update their employee handbooks as necessary to address these changes to the law.
Paid Prenatal Leave
New York is the first state in the country to offer paid prenatal leave. The leave is available to all full-time and part-time non-governmental employees, including those working for independent schools. The law provides employees with 20 hours of leave during a 52-week period for prenatal healthcare appointments during their pregnancy. It covers such services as physical examinations, medical procedures, monitoring and testing, and discussions with a healthcare provider related to the pregnancy. The law also applies to appointments for either fertility treatments or end-of-pregnancy care but does not apply to postnatal or postpartum appointments. Employers cannot ask for details about the appointments or documentation of confidential information. The leave is available only to the employee receiving care and is not available to spouses, partners, or other support persons.
The prenatal leave program is a stand-alone benefit in addition to New York Sick Leave and separate from New York State Paid Family Leave. An employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using paid prenatal leave. Employees are entitled to 20 hours from their first day on the job. The leave is not accrued, and there is no waiting period. The 52-week period begins on the first day the employee records prenatal leave. Employees can take the leave in hourly increments. Employers are not required to pay out departing employees for unused prenatal leave. If an employee needs more than 20 hours of prenatal leave, the employee may choose to use sick leave or be entitled to accommodation under the federal Pregnant Workers Fairness Act.
Expansion of Workers’ Compensation Coverage to Work-Related Stress Claims
In a significant expansion of its workers’ compensation law, New York will now allow employees to file workers’ compensation claims for mental health issues caused by extraordinary work-related stress. Previously, this benefit was available only to first responders for stress caused by a work-related emergency. The stress can be caused by a single event, or it can be cumulative. The law does not define the term “extraordinary work-related stress.” However, it states that a claim will not automatically be denied if the “stress was not greater than that which usually occurs in the normal work environment.” Most likely, administrative law judges will determine whether stress was extraordinary based on documentation and the testimony of the employee and medical experts.
The consequences of this expansion are likely to be significant, with an increase in the number of worker’s compensation claims filed and additional costs to employers for defending against worker’s compensation claims.
Expiration of Paid COVID Leave
Effective July 31, 2025, New York’s COVID-19 Paid Emergency Leave program will expire. Pursuant to this program, independent schools were previously required to provide employees with 5-14 days of leave to quarantine or isolation due to COVID-19. The number of days depends on an employer’s income level and number of employees. This leave is separate from New State’s Paid Leave and New York City’s Earned Sick and Safe Time.
In 2023, the federal Centers for Disease Control declared the end of the COVID public health emergency. A year later, it eliminated set isolation periods for individuals who test positive for COVID. Once New York’s COVID emergency leave program expires, eligible employees who require leave due to COVID-19 may still be able to use their available New York State and/or New York City Paid Sick Leave.
