Beginning January 1, 2025, New York will implement a pioneering Paid Prenatal Leave Law, becoming the first state to offer paid time off specifically for prenatal care. This legislation grants employees 20 hours of paid leave annually to attend medical appointments related to pregnancy, underscoring the state’s commitment to supporting maternal health. If you are an employer or an employee, and you have questions about this new law, an experienced employment attorney can help you navigate your rights and obligations.
What Should Employers Know?
All private-sector employers in New York, regardless of size, are required to provide 20 hours of Paid Prenatal Leave per year to their employees.
This leave is a separate benefit and must be offered in addition to any existing leave policies, including New York State Sick Leave. Employees are entitled to use this leave from the commencement of their employment; there is no minimum service period required. Employers must compensate employees at their regular rate of pay, or the applicable minimum wage, whichever is higher, during the use of this leave. Importantly, employers cannot mandate that employees exhaust other leave types before utilizing Paid Prenatal Leave, nor can they inquire about the specifics of the employee’s medical appointments, which is protected and confidential. Additionally, employers are prohibited from retaliating or discriminating against employees for requesting and using Paid Prenatal Leave.
What Should Employees Know?
Employees are entitled to 20 hours of Paid Prenatal Leave annually, effective January 1, 2025, with no accrual necessary. In other words, you could take Paid Prenatal Leave on your first day of employment. Employees are eligible for Paid Prenatal Leave, regardless of whether they are full- or part-time and whether they are exempt or not exempt under the Fair Labor Standards Act.
This leave can be utilized in hourly increments, providing flexibility to attend various prenatal healthcare services, including physical examinations, medical procedures, monitoring, testing, and discussions related to pregnancy. Coverage extends to fertility treatments, such as in vitro fertilization, and end-of-pregnancy care appointments, but does not include postnatal or postpartum appointments (but note that New York law granted employees the right to paid breaks for pumping milk in June 2024, in addition to protections under federal laws). Employees are not required to disclose medical details to their employer when requesting this leave; standard time-off request procedures should be followed. The law ensures that employees can choose whether to use their Paid Prenatal Leave before or after other available paid time off benefits, including New York State Sick Leave and New York State Family Leave.
Conclusion
New York’s Paid Prenatal Leave Law represents a significant advancement in the New York labor laws, ensuring that pregnant employees have the necessary time and financial support to attend vital prenatal appointments. Both employers and employees should familiarize themselves with the specifics of this law to ensure compliance and to fully benefit from its provisions. For additional information, reach out to a member of our team for next steps.
