Pregnancy is a demanding journey. For expectant individuals and new parents in the United States, understanding your rights and available support is crucial. Laws that provide public benefits can greatly assist individuals in managing both healthcare needs and employment during this significant life event.
This blog post will explore key resources, focusing on New York's groundbreaking Prenatal Paid Leave law and other national protections like the Family Medical Leave Act (FMLA).
Understanding Prenatal Paid Leave in New York
Starting Jan 1, 2025, New York became the first in the nation to implement a Paid Prenatal Leave law. This law allows privately-employed pregnant workers to an additional 20 hours of paid sick leave to attend vital medical appointments and receive necessary pregnancy care.
NY Paid Prenatal Leave covers any healthcare services received by an employee during their pregnancy, including:
routine or emergency physical examinations
medical procedures (incl. fertility treatment & IVF)
monitoring and testing
discussions with a provider
end-of-pregnancy care appointments
Did you know that the average pregnant person in New York might visit their healthcare provider 7 to 12 times during pregnancy? This paid time is invaluable in alleviating the stress of lost wages while ensuring essential health monitoring to prevent stillbirth, maternal mortality, and other adverse pregnancy outcomes. 130,000 pregnant New Yorkers will benefit each year!
Learn more: ny.gov/prenatal
The introduction of this law signifies an important shift. It recognizes the unique healthcare needs associated with pregnancy and assists moms and birthing people in placing their health first without the added worry of financial strain.
We hope this is only the first of many more state- and federal-level paid prenatal leave benefits to come! (If you're interested in starting legislation in your state, please reach out to us and our PUSH Advocacy Team will equip you with resources and advice to get going!)
Paid Postpartum Leave Options by State
While New York leads with its prenatal legislation, several states offer their own beneficial programs regarding Paid Family Leave and Temporary Disability Insurance for the postpartum period - some of which even include stillbirth or other loss families. For example, California's Paid Family Leave program provides up to 8 weeks of paid leave at approximately 60-70% of the worker's salary after the birth or adoption of a child. Similarly, New Jersey offers a paid family leave program that provides up to 12 weeks of benefits at the same percentage of salary.
Temporary Disability Insurance (TDI) becomes essential for those who may face complications during pregnancy. In New Jersey, TDI can offer two-thirds of the employee's normal weekly earnings for up to 26 weeks for those unable to work due to pregnancy-related issues. For many, knowing the specifics of these programs can provide critical financial relief at a time when it is needed the most.
Check out the Workplace Rights Hub from A Better Balance to see what protections and assistance you are entitled to in your state: https://www.abetterbalance.org/know-your-rights
Understanding Pregnancy Outcomes and Their Impact on Benefits
When considering benefits, it is essential to recognize that eligibility often (unjustly, in many cases) depends on the outcome of the pregnancy. States may have specific provisions related to situations like stillbirth or infant loss, which can affect the financial and emotional support available to parents. For instance, for the approximately 1 in 170 US pregnancies that end in stillbirth, state laws vary greatly in their ability to assist - or harm (see NY Paid Leave After Stillbirth) - in these heartbreaking circumstances.
If you have suffered a loss, check out our PUSH guide for How to Advocate for Paid Leave for Loss Families.
Federal Protections: The Family Medical Leave Act (FMLA)
On a federal level, the Family Medical Leave Act (FMLA) plays a critical role in supporting employees. This law offers up to 12 weeks of unpaid leave for various family and medical reasons, including childbirth. Importantly, FMLA ensures job protection, allowing new parents to bond with their child without the fear of losing their job in the process.
Although FMLA does not provide direct financial assistance, it is essential for ensuring security during this vulnerable time. Eligible workers must meet specific criteria regarding employer size and work history; about 60% of U.S. workers are covered by FMLA protections. Understanding this federal law can help individuals plan their leave effectively.
Steps to Take: How to Maximize Your Benefits
Know Your Rights: Research specific laws applicable to your state and understand the benefits, including Paid Prenatal Leave, Paid Family Leave, and Temporary Disability. This lookup tool from A Better Balance can help.
Gather Documentation: Keep comprehensive records of your medical appointments, any complications, and employment history. This detailed documentation can prove crucial when you apply for benefits. Note that different official documents are issued depending on the outcome of your pregnancy, which can sometimes cause confusion when claiming your benefits; some states may also require a doctor's note to corroborate your account, especially in the case of a loss or complicated recovery.
Talk to Your Employer: Communicate with your employer about your pregnancy and potential leave. Many employers have policies that work in harmony with state and federal laws; many have even put more generous policies in place to protect their employees. Talk to other recently' pregnant coworkers who may have advice to offer.
Consult Professional Resources: Organizations focused on parental rights can provide tailored guidance for your situation. Local pregnancy support groups can also offer valuable insight and assistance. Don't hesitate to reach out to PUSH if we can help you navigate this daunting system!
Empowering Expecting Parents Through Knowledge
Staying informed about your rights is essential during pregnancy and parenthood - it's the foundation of having an #EmpoweredPregnancy. By understanding the resources available, you can focus on your and your baby's health and wellbeing. Navigating the complexities of employer, state, and federal benefits can be daunting, but it is vital.
Always remember: you deserve the support you need during the journey of parenthood, regardless of the outcome of your pregnancy. And you are not alone. #UnitedWePush
READY TO LEARN MORE? There's plenty more #empoweredpregnancy goodness where that came from! Head back to the Empowered Pregnancy Overview to for even more empowerment. #UnitedWePush