New York State has made an unprecedented move by becoming the first state to offer paid prenatal care leave to its pregnant employees under the Family and Medical Leave Act. However, questions remain about the applicability of this benefit to surrogates. Queries have been raised, examples being if a surrogate mother qualifies for the leave and if the biological mother of the child the surrogate is carrying can access FMLA leave. An inquiry to the Department of Labor (DOL) clarified that while an employee acting as a surrogate qualifies for the New York State Paid Prenatal Leave, intended parents do not. The benefit applies only to an individual who is physically pregnant, regardless of the biological relationship they may have with the child a surrogate is carrying. Notably, the state’s website currently contains no information about surrogacy in relation to this policy.

This policy touch-point may prove to confuse pregnant employees, surrogates, and intended parents. Therefore, more clarity might be needed about Paid Family Leave policy in the future. To get accurate and up-to-date information, it is always recommended to speak directly to either Paid Family Leave or the state disability insurance (SDI) representative. For anyone seeking to understand more about such policies or to get personalized assistance, a robust resource is www.eddcaller.com. This platform provides valuable links and resources to help an individual get in touch with the right representatives including how to get a hold of Paid Family Leave.