Effective on January 1, 2025, New York has become the first state in the country to require employers to provide at least 20 hours of paid leave to pregnant employees for their prenatal care as a stand-alone benefit.
The Paid Prenatal Leave Law1 amends the New York State Sick Leave Law2 and requires private sector employers of any size3 to provide their employees (both fulltime and parttime) with 20 hours of paid prenatal personal leave4 per any 52-week calendar period5. The law provides that the leave can be used in hourly increments (to accommodate numerous medical appointments, for example)6. Employers must pay employees at their regular rate of pay or the minimum wage (whichever is higher) while using prenatal leave. Notably, employers cannot inquire into the nature of their employees’ prenatal appointments, nor can they require that employees submit medical records to their employers to use prenatal leave.7
1 N.Y.L.L. §§ 196-b.2 and 4-a.
2 N.Y.L.L. § 196-b.
3 The New York State Department of Labor issued guidance on the new legislation through a Frequently Asked Questions page. (https://www.ny.gov/new-york-state-paid-prenatal-leave/frequently-asked-questions)
4 As defined by the statute, paid prenatal personal leave is “leave taken for the health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.” N.Y.L.L. § 196-b 4-a
5 The 52-week period starts when the employee first uses any of the time.
6 The FAQs provide examples of what employees may use their leave for: physical examinations, medical procedures, testing, and end of pregnancy care. (https://www.ny.gov/new-york-state-paid-prenatal-leave/frequently-asked-questions)
7 However, the leave (which can only be used by pregnant employees rather than their spouses/partners) can only be used for prenatal healthcare services and cannot be used for post-partum services. Employers are not required to pay out unused prenatal leave to employees upon separation.
