New York Issues Guidance on Paid Prenatal Leave

Overview

Effective January 1, 2025, New York employees will be entitled to 20 hours of paid prenatal leave in a 52-week period for prenatal healthcare service appointments during their pregnancy or related to their pregnancy. To help employers prepare for this new requirement, New York has published guidance in the form of Frequently Asked Questions (FAQs).

Highlights from the FAQs

Paid Prenatal Leave

  • A stand-alone benefit available to employees seeking prenatal healthcare services.

  • Employers cannot require employees to use other leave types before accessing this benefit.

Covered Employers

  • Applies to all private sector New York employers, regardless of size.

Covered Employees

  • All employees working for private sector employers, including full-time and part-time employees, are eligible.

  • The benefit is only for the employee; it does not extend to spouses, partners, or others.

Amount of the Benefit

  • Employees are entitled to 20 hours of paid prenatal leave within a 52-week period, starting from the first recorded use of the benefit.

Eligibility

  • Employees are eligible as of their hire date with no minimum service requirement.

  • This benefit is in addition to other leave benefits, such as New York sick leave.

Usage and Payment

  • Leave is taken in hourly increments.

  • Employees are paid their regular rate of pay or the applicable minimum wage, whichever is higher.

Additional Information

Covered Health Care Services

Paid prenatal leave covers:

  • Physical examinations, medical procedures, monitoring, and testing during pregnancy.

  • Discussions with healthcare providers related to pregnancy.

  • Fertility treatments, including in vitro fertilization, and end-of-pregnancy care.

Note: The leave does not cover post-natal or postpartum care.

Employee Notification

  • Employees should follow their workplace's existing leave notification procedures.

  • Advance notice is encouraged but not mandatory.

  • Employers cannot request medical records or health condition disclosures.

Employer Recordkeeping

  • Employers are encouraged to maintain accurate records but are not required to list paid prenatal leave separately on paystubs.

Retaliation Protection

  • Employers cannot retaliate against employees for requesting paid prenatal leave.

  • Allegations of retaliation can be reported to the Division of Labor Standards.

Employer Action Items

  • Review and update leave policies to include paid prenatal leave.

  • Ensure eligible employees can access this benefit starting January 1, 2025.

Dexter Dible