It is important for employers to have policies that are clear, compliant, and supportive of employees’ needs. In New York State employers must navigate guidelines around paid sick and safe leave, along with the recently introduced paid prenatal personal leave. There is one type of sick leave that employers in New York State are no longer required to provide – New York State’s COVID Sick Leave requirement ended July 31, 2025. In this blog we will break down the legal requirements and provide some suggestions on ensuring policies are compliant and supportive of employee well-being. Overview: New York State Sick & Safe Leave Law Under New York Labor Law § 196-b, employers must grant employees a certain amount of sick and safe leave each year, based on employer size and annual net income: 0–4 employees (net income ≤ $1M): up to 40 hours of unpaid sick leave. 0–4 employees (net income > $1M): up to 40 hours of paid sick leave. 5–99 employees: up to 40 hours of paid sick leave. 100+ employees: up to 56 hours of paid sick leave. Leave can be accrued at a rate of 1 hour per 30 hours worked, or employers may choose to frontload the full annual allotment at the beginning of the calendar or anniversary year. Permissible uses include: Caring for your own illness, injury, or health condition. Caring for a family member’s illness, injury, or health condition. Safe leave purposes related to domestic violence, family offense, sexual offense, stalking, or human trafficking. Employer responsibilities: Maintain accurate accrual and usage records. Allow carryover of unused leave into the next year (though usage caps may apply). Avoid retaliation against employees who use leave. For more details, visit the NY Paid Sick Leave FAQ. Paid Prenatal Personal Leave – Effective January 1, 2025 New York has introduced 20 hours of paid prenatal personal leave. This is the first benefit of its kind in the nation. What It Covers: Applies to all private-sector employees, regardless of employer size or part-time/full-time status. Separate from sick leave—it does not come out of an employee’s sick or PTO bank. Can be used for: Prenatal medical appointments Tests, procedures, and monitoring Consultations with healthcare providers End-of-pregnancy care Fertility treatments Leave may be taken in hourly increments (or the employer’s established minimum increment, which can be no greater than 4 hours) and must be paid at the employee’s regular rate of pay or the applicable minimum wage—whichever is greater. Employers cannot: Require employees to use other accrued leave before using prenatal leave. Request confidential medical details beyond what is needed to verify eligibility. Retaliate against employees for using this leave. More information can be found at the NY Paid Prenatal Leave FAQ. HR Action Plan: Staying Compliant and Supportive Update written policies to include both sick/safe leave and prenatal leave provisions. Communicate clearly with employees about their rights and procedures for using these leaves. Track accurately—ensure payroll systems can track and report accrual and usage. Train managers on compliance, documentation, and employee relations best practices. Stay informed—monitor updates from the New York State Department of Labor. The People Perspective: Why These Laws Matter Workforce retention: Providing clear, accessible leave supports morale and loyalty. Risk reduction: Proper compliance minimizes the risk of costly disputes or penalties. Employee well-being: Access to prenatal and sick leave improves health outcomes for employees and their families. Conclusion New York’s Sick & Safe Leave and Paid Prenatal Personal Leave laws are designed to promote both workplace fairness and public health. Employers can meet these requirements while also strengthening their culture of care and trust. With the right policies, training, and systems in place, compliance becomes an opportunity to lead with empathy. If you need assistance ensuring your policies meet the requirements of these laws, contact ESC to get connected with an experienced HR Business Partner to walk you through it. For information on managing other types of leaves of absence, such as New York State’s Paid Family Leave and statutory disability, visit our blog.