Additional states are enhancing paid/unpaid leave policies to align with existing state laws or amending specific entitlements to address a broader need across all populations. The following changes were recently approved expanding existing NYC paid sick leave and Vermont leave policies.

NYC’s Enhanced Earned Safe and Sick Time Act (ESSTA) Rules for Prenatal Leave:

The New York City Department of Consumer and Worker Protection amended rules formally incorporating the state prenatal leave requirement into the Enhanced Earned Safe and Sick Time Act (ESSTA). The following changes and obligations related to prenatal leave are effective July 2, 2025.

The existing entitlement requires companies with workers in New York to provide up to 20 hours of paid parental leave.

Interaction with Other Leave Types:

• Statutory Sick Leave: The paid prenatal leave entitlement is in addition to the statutory sick leave entitlement. This means employees can use both types of leave without one affecting the other.
• Other Paid Time Off (PTO): Prenatal leave is also separate from other PTO benefits provided by company policy or applicable law. Employers cannot require employees to use other leave (e.g., vacation or personal days) before using prenatal leave.

Documentation and Approval: Employers cannot demand medical records or confidential health information as a condition of approving  prenatal leave requests. This is consistent with the protections for other types of leave under the ESSTA.

Policy Updates: Employers must update their leave policies to include the new prenatal leave entitlements and ensure that these policies are distributed to employees. This includes updating notices and pay stubs to reflect the use and balance of prenatal leave.

Compliance and Recordkeeping

• Notice Requirements: Employers must provide updated notices to new hires and current employees and post these notices visibly. This is like the requirements for other types of leave under the ESSTA.
• Paystub Documentation: Pay stubs must clearly document the amount of paid prenatal leave used and the remaining balance, similar to the documentation requirements for paid sick and safe time.

Employers need to ensure that their policies and practices are updated to comply with these new requirements, alongside existing leave entitlements. If there are any questions or uncertainties, consulting with legal counsel is recommended.

Vermont Expands Family Leave Protections

Vermont Governor Phil Scott signed legislation extending the state’s unpaid family leave law, effective July 1, 2025.

New Entitlements:

• Safe Leave: Employees can take leave if they or their family members are victims of domestic violence, sexual assault, or stalking. Allows for covered employees to take up to 12 weeks of leave (algins with existing family leave law).
• Bereavement Leave: Up to 5 consecutive workdays within one year of a family member’s death.
• Qualifying Exigency Leave: Available when an employee’s spouse, son, daughter, or parent is on active duty or called to active duty in the U.S. military. Allows for covered employees to take up to 12 weeks of leave (algins with existing family leave law).

Broader Definitions:

• Family Member: Expanded to include a wider range of relationships, such as domestic partners, legal guardians, and individuals for whom the employee provides caregiving responsibilities similar to a parent-child relationship.

Employers in Vermont need to update their policies to comply with these new requirements.