Lance's Corner

NYSDOL Issues Guidance on Commencement of New York Paid Prenatal Leave Law on January 1, 2025

Dec 2, 2024

Per the notice below, the New York State Department of Labor (NYSDOL) has issued guidance on the commencement of New York's Paid Prenatal Leave Law on January 1, 2025.

We Are Your DOL - New York State Department of Labor 

Good afternoon,

Beginning January 1, 2025, New York’s Paid Prenatal Leave law will go into effect.  This first-in-the-nation law will require private employers to provide pregnant employees with 20 hours of paid prenatal leave, ensuring that pregnant employees can take time off for medical appointments related to pregnancy without the fear of losing income.

Paid Prenatal Leave applies to all private employers in New York state, with no minimum employee threshold, and is applicable to both full-time and part-time employees.  Pregnancy-related health care includes physical examinations, medical procedures, monitoring, testing, and discussions with a health care provider related to the pregnancy.

This personal leave time may be taken in hourly increments, and compensation provided must be at the employee’s regular rate of pay or the applicable minimum wage, whichever is greater.  Employers are not required to pay an employee for unused prenatal personal leave at the time of separation from employment.

Everyone should be able to access the care they need, especially when they are expecting.  Paid Prenatal Leave is another shining example of how New York state and New York state businesses are committed to supporting the health and safety of all workers.

For more information about Paid Prenatal Personal Leave and how it affects your business’s paid leave policies, please visit ny.gov/prenatal.

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Money in Your Pockets: Ahead of January 1, 2025 Start Date for First-in-the-Nation Paid Prenatal Leave, Governor Hochul Announces New Campaign to Mobilize Eligible New Yorkers

Governor Hochul Fought To Pass the Nation’s First-Ever Paid Prenatal Leave Policy, Helping Pregnant Women Facing Economic Challenges

As Paid Prenatal Leave Policy Takes Effect On January 1, 2025, State Unveils Public Awareness Campaign To Notify Eligible New Yorkers

Under Governor Hochul’s Leadership, New York Has Taken Major Steps To Improve Affordability for Working Families

Governor Kathy Hochul today kicked off a statewide campaign to raise awareness of New York’s first-in-the-nation paid prenatal leave policy, which takes effect on January 1, 2025.  This nation-leading policy, proposed in Governor Hochul’s 2024 State of the State and signed into law in April, gives workers the ability to take paid leave for any pregnancy-related medical appointments.  In the past year alone, Governor Hochul has made New York more affordable for working families through investing $1.8 billion in child care, delivering $2.3 billion in property tax relief, brokering a landmark affordable housing deal and more.

“No pregnant woman in New York should be forced to choose between a paycheck and a check-up — and that’s why I pushed to create the nation’s first paid prenatal leave policy,” Governor Hochul said.  “From raising the minimum wage to investing in affordable child care, we’re making New York the best and most affordable place to raise a family.”

 

Led by the State’s Department of Labor, New York’s statewide public awareness campaign is aimed at promoting New York State’s groundbreaking Paid Prenatal Leave policy.  The campaign will officially kick off with the unveiling of subway ads.  The goal of the awareness campaign is to educate New Yorkers and businesses about the new law and to remind pregnant women in New York State that they never have to choose between a paycheck and prenatal care.  Additional campaign efforts will include social media outreach, a dedicated webpage, newsletters, a virtual media tour with New York State Department of Labor Commissioner Roberta Reardon, and collaboration with various stakeholders and influencers to raise awareness throughout 2025.

New York State Department of Labor Commissioner Roberta Reardon said, “With Paid Prenatal Leave, New York is not only taking care of pregnant women, but also future generations of our workforce.  I applaud Governor Hochul’s ongoing commitment to New York State families.”

Effective January 1, 2025, any privately employed pregnant New Yorker will now be able to receive an additional 20 hours of paid sick leave for prenatal care.  The New York State Department of Labor estimates that about 130,000 pregnant women per year will be eligible for this benefit, with about 65,800 of those being hourly workers.  Pregnancy-related health care includes:

  • Physical examinations
  • Medical procedures
  • Monitoring
  • Testing
  • Discussions with a health care provider needed to ensure a healthy pregnancy
  • Fertility treatment
  • End of pregnancy care

"No pregnant woman in New York should be forced to choose between a paycheck and a check-up"

Governor Kathy Hochul

The paid prenatal leave benefits are in addition to New York State Paid Family Leave, existing employer-provided leave and existing sick leave benefits, ensuring workers can receive the health care needed to address all pregnancy related care to create healthy outcomes without jeopardizing their employment or finances.  The law applies to all private employers in New York State, with no minimum employee threshold, and is applicable to both full-time and part-time employees.

New York State Health Commissioner James McDonald said, “Governor Hochul’s unwavering commitment to protecting pregnant workers in New York is critical to ensuring access to quality care throughout their pregnancy.  Giving pregnant people paid leave for pregnancy-related care will protect their health, the health and safety of their unborn children and improve health outcomes.”

Without paid leave, many women are forced to choose between getting medical care or earning a paycheck.  In New York, rates of infant mortality are highest among those who had no prenatal care or did not begin accessing prenatal care until the third trimester.  Yet too many women are not able to receive this medical care because they cannot take unpaid leave; one recent study found that nearly 40 percent of women who did not get prenatal medical care reported this was due to a lack of paid leave or unaffordable care.  Studies show that prenatal health care is highly correlated with improved health outcomes for mothers and infants; and that pregnant women who have access to regular prenatal medical visits are less likely to die in childbirth, and their newborns are more likely to be healthy.  Compared with infants born to mothers who received prenatal care, infants whose mothers did not receive prenatal care were three times more likely to have a low birth weight, less than 5.5 pounds, and five times more likely to die in infancy.  Additionally, women who do not receive prenatal care are three to four times more likely to die from pregnancy-related complications than those who do receive care.  Pregnant women of color, especially Black women, face disproportionately higher rates of pregnancy complications and maternal mortality nationally.  Black women are overrepresented among pregnancy related deaths, accounting for 14.3 percent of all births in New York in 2018 but more than half, 51 percent, of maternal deaths.  Black women are five times more likely to die from pregnancy than white women and are also more likely to experience complications, and the preeclampsia rate is 60 percent higher in Black women than in white women.

New York State Office of Child and Family Services Commissioner DaMia Harris-Madden said, “This innovative and meaningful legislation is another example of the Governor’s commitment to addressing maternal and infant health.  Introducing this premier paid prenatal medical leave is a deliberate action to protect women and babies while promoting equitable workforce advancements.  With more than 80 percent of pregnancy-related deaths being preventable, increased access to consistent prenatal care without a penalty of lost wages will lead to positive health outcomes to include a reduction in pregnancy and birth complications.”

New York State Office of Temporary and Disability Assistance Commissioner Barbara C. Guinn said, “New York’s new Paid Prenatal Leave law will improve health outcomes for women by helping ensure that all pregnant workers in New York have the support and resources they need to access vital pregnancy-related health care.  We are grateful to Governor Hochul for prioritizing maternal and infant health and well-being and for her steadfast commitment to supporting women and families in New York State.”

As New York’s first mom Governor, Governor Hochul has continued to build on the state’s commitment to maternal health care and supporting families.  In addition to paid prenatal leave, as part of her broader plan to improve maternal and infant mortality, the Governor established 12 weeks of paid parental leave benefits for more than 80 percent of the state workforce, extended postpartum coverage for up to a full year for Medicaid and Child Health Plus enrollees, established statewide Medicaid coverage for doulas, created the state’s first doula directory, and has taken steps to eliminate cost-sharing for certain pregnancy-related benefits for those enrolled in the state’s Essential Plan or Qualified Health Plans.  New York's publicly funded child care system — and the new, online application launched in July — is part of the Governor’s ongoing effort to make child care more affordable, accessible, and equitable for New York families.  Governor Hochul has improved access to the Child Care Assistance Program (CCAP) by raising the child care income eligibility limit to the federal maximum, capping families' out-of-pocket child care costs, and increasing State reimbursement rates to child care programs.  The enacted 2024-25 state budget more than doubled funding for CCAP to $1.8 billion, and in 2023, Governor Hochul also announced a combined $100 million commitment in capital grants for child care center construction and business tax credits for workplace-based child care expansion to address a critical shortage of child care supply in New York State.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc