NY Assembly Blocks Stillbirth Leave Protections for Third Year
Under current law, individuals who experience a stillbirth are ineligible to use Paid Family Leave, even if previously approved. Each year, approximately 700 families in New York experience stillbirth.
Families and maternal health leaders condemn the Assembly’s continued inaction on stillbirth leave
Two bills—A84 and A5319A—sought to ensure that birthing individuals who suffer a stillbirth would retain access to paid leave under New York's Paid Family Leave program. Both bills passed the State Senate with near-unanimous support and were backed by a bipartisan group of legislators, as well as maternal health organizations and advocates.
The legislative effort was initially sparked in 2022 by Cassidy Perrone, a New York mother who experienced a stillbirth eight months into a healthy pregnancy. After her Paid Family Leave was revoked shortly after giving birth, she brought the issue to the attention of lawmakers, helping to launch a broader advocacy effort around the gap in benefits. Since then, more than 2,000 families in New York are estimated to have faced similar circumstances.
Under current law, individuals who experience a stillbirth are ineligible to use Paid Family Leave, even if previously approved. Each year, approximately 700 families in New York experience stillbirth. Health experts note that the postpartum period following stillbirth is associated with elevated risks for both physical and mental health complications. Advocates have argued that continued access to paid leave in such cases could help mitigate those risks by allowing time for recovery and access to care.
The Assembly did not issue a public statement regarding the decision not to advance the legislation before the close of the 2025 session.
“While the New York Assembly under Speaker Carl Heastie remains silent, grieving families are left to navigate their darkest hours without the basic protections they need,” said Samantha Banerjee, Executive Director of PUSH for Empowered Pregnancy. “This is more than a policy gap—it’s a failure to recognize the profound medical and emotional toll of stillbirth. No mother should be forced to choose between her physical recovery and financial stability. For three years—and now into a fourth—New York has continued a practice that places an impossible burden on parents just days after giving birth and putting their child in the ground.”
Families affected by stillbirth and denied Paid Family Leave since 2022 are encouraged to share their stories at bit.ly/nypfl or by contacting info@pushpregnancy.org.
Daniela Sicuranza
Laura Evans Media
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