New York is pioneering employee benefits with its Paid Prenatal Leave program, effective January 1, 2025. This legislation mandates private employers provide eligible employees up to 20 hours of paid leave annually for prenatal health care and pregnancy-related services. As the first state to implement such a comprehensive program, New York sets a new standard for supporting pregnant employees.
To help employers comply, the New York State Department of Labor (NYDOL) has released guidance, including a detailed FAQ. Here’s an overview of the law and what businesses need to know.
Who Is Covered?
The Paid Prenatal Leave law applies to all private-sector employers in New York, regardless of their size. Both full-time and part-time employees are eligible, with no minimum length of employment required. The leave is available as soon as a qualifying need arises, ensuring even new hires can access the benefit.
This leave is exclusively for the pregnant employee receiving care—it does not extend to spouses, partners, or other family members. Additionally, while employees can use this leave for multiple pregnancies in a 52-week period, the total leave is capped at 20 hours annually, and unused leave does not roll over.
When the Leave Can Be Used
Paid Prenatal Leave is specifically designated for health care services during pregnancy. It includes:
● Medical exams and tests.
● Discussions with health care providers.
● Fertility treatments, such as IVF.
● Final-stage pregnancy care.
However, it cannot be used for postpartum or non-pregnancy-related medical needs.
Compensation and Time Off Structure
Employees using Paid Prenatal Leave must be compensated at their standard pay rate or the applicable minimum wage, whichever is higher. The leave can be taken in hourly increments, giving employees flexibility to attend individual appointments without disrupting their entire workday.
Notably, employers are not required to pay out unused prenatal leave if an employee resigns or is terminated.
Relationship With Other Leave Policies
The Paid Prenatal Leave benefit is independent of other leave entitlements under New York’s Paid Sick Leave Law or an employer’s internal policies. Employees cannot be forced to use other forms of leave before accessing this new benefit. Moreover, any policies that provide overlapping coverage for prenatal care must still honor the full 20 hours of Paid Prenatal Leave.
Employers must also protect employees’ confidentiality. No medical documentation, such as health records, can be requested to approve the leave. Employees simply need to follow their workplace’s established process for requesting time off.
What Employers Should Do Next
As this mandate takes effect soon, employers should act quickly to align their policies and practices with the new requirements. Steps include:
Policy Updates: Review and update leave policies to reflect the Paid Prenatal Leave program.
Employee Communication: Ensure employees are informed about their rights and the process for requesting leave.
Staff Training: Train managers and HR professionals on the details of the law and their responsibilities.
Record Management: While not required, maintaining clear records of leave usage is a best practice to ensure compliance.
How We Can Help
As we approach the end of 2024, significant changes in employment laws at both federal and state levels are taking effect. In addition to New York’s Paid Prenatal Leave law, updates include new requirements under the Pregnant Workers Fairness Act, expanded leave and pay transparency laws in California, and enhanced worker protections in states like New York, Texas, and Illinois. These changes may directly affect your employment practices and compliance obligations.
To help you navigate these changes, we offer comprehensive support, including reviewing and updating key employment documents such as Employee Handbooks, Offer Letters, NDAs, and Termination Letters. Our team is ready to provide tailored legal advice to ensure your business remains compliant while supporting your employees effectively.
For more information on the paid prenatal leave and its potential impact on your organization, please contact our Managing Counsel, Richard Liu, at richard.liu@consultils.com.
Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.
Richard Liu, Esq. is the Managing Counsel of ILS. He serves clients as a management-side defense lawyer specializing in employment and business litigation. Richard is also an expert on litigation prevention and compliance. He regularly advises Fortune 500 companies and startups on employment, labor, and commercial matters.
Email: richard.liu@consultils.com | Phone: 626-344-8949
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