New York

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions the same as any other temporary medical condition in terms of hiring, firing, pay, job assignments, and promotions.
Example: If your employer offers light-duty work for someone with a temporary injury, they must also offer it to pregnant employees if needed.

The New York State Division of Human Rights enforces protections against pregnancy discrimination for workers in the state. Employers cannot treat pregnant employees unfairly or force them to take leave if they are still able to perform their job.

Workplace Accommodations

Federal law (PDA and the Americans with Disabilities Act, or ADA) may require reasonable accommodations for pregnancy-related conditions. Specifically, the Pregnant Workers Fairness Act provides groundbreaking protections for pregnant, postpartum, and pumping workers and gives them the right to accommodations at work that will help them keep their jobs and protect their health. The law provides accommodations such as extra breaks, flexible scheduling to attend doctor's appointments, time off to recover from childbirth or miscarriage, light duty, remote work, and more.

In addition to these protections, New York State law requires employers to provide reasonable accommodations for pregnancy-related conditions. Employers must provide accommodations such as more frequent breaks, seating, or assistance with manual labor, unless it would create an undue hardship for the business.

Workplace Safety for Pregnant Workers

Employers must ensure a safe working environment for pregnant employees. Employees can report unsafe conditions to the Occupational Safety and Health Administration (OSHA) or the New York State Department of Labor.

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions (including pregnancy-related conditions). Eligibility requirements include:

• Working for an employer with 50+ employees within 75 miles;
• Having worked for the employer for at least 12 months, and
• Logging at least 1,250 hours in the past year.

New York Paid Family Leave (PFL)

New York State offers Paid Family Leave (PFL), which provides paid time off for employees to bond with a new child, care for a seriously ill family member, or assist loved ones with a qualifying military exigency. New York’s PFL allows up to 12 weeks of paid leave in 2025 at a rate based on the employee's average weekly wage, with job protection guaranteed during the leave. The program applies to most private-sector employees working in New York State.

Pregnancy Leave

New York employers must allow pregnancy-related leave if they offer medical or sick leave for other conditions. This leave may be unpaid unless company policy or contracts specify otherwise.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide

• Reasonable break times for nursing parents to pump breast milk for up to one year after birth.
• A private, non-bathroom space for expressing milk.

Small businesses (with fewer than 50 employees) may claim undue hardship exemptions, but most employers must comply.

Parental Rights for Sick or Family Leave

If your child or family member has a serious health condition, you may qualify for unpaid leave under FMLA, New York’s Paid Family Leave, or other related programs to provide care.

Workplace Protections for New Parents

Equal Pay

New York’s wage laws ensure equal pay for equal work, regardless of gender or parental status.

Employment Termination

Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA, New York Paid Family Leave) or requesting pregnancy-related accommodations.

Job Protection

FMLA and New York Paid Family Leave guarantee that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in New York

Childcare Assistance

New York offers childcare assistance to help working parents with childcare costs. This program offers financial assistance to eligible families, reducing the financial burden of child care. Learn more

New York Temporary Assistance Program (TANF): The TANF program offers financial support to low-income families, including those with new babies.

Flexible Work Policies

Some New York employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.

Breastfeeding-related Rights

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child’s birth each time such employee needs to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

The PUMP for Nursing Mothers Act, signed into law in December 2022, expands these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers, and managers. The PUMP Act requires employers to provide:

• Reasonable break time for an employee to express breast milk for their nursing child.
• A place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

These accommodations must be provided for one year after the child’s birth and be available each time an employee needs them.