As we previously reported (see the details below), a New York state budget amendment requires employers to provide pregnant employees with additional paid prenatal personal leave. The paid prenatal personal leave requirement takes effect on Jan. 1, 2025. New York has now issued additional guidance on the law.
Update: December 2024
New York has issued the following guidance to clarify its paid prenatal personal leave law:
- Paid prenatal leave is a separate benefit from New York State sick leave or any other leave policies and laws. Employees will automatically receive 20 hours of paid prenatal leave (which does not accrue) in addition to any other available leave options.
- Only the employee that directly receives prenatal healthcare services may use the leave for reasons such as fertility care and treatment or end-of-pregnancy care appointments. Post-natal or postpartum appointments are not covered.
- Employers are prohibited from:
See the guidance for additional answers to frequently asked questions.
The details
New York's Fiscal Year 2025 executive budget expands Labor Law § 196-b to require all New York employers to provide 20 hours of paid prenatal personal leave to eligible employees beginning on Jan. 1, 2025.
Note: The required paid prenatal leave is in addition to existing paid sick leave requirements.
Covered leave
New York employers must provide eligible employees 20 hours of paid prenatal personal leave in a 52-week calendar period for the following healthcare services during an employee's pregnancy or related to the pregnancy:
- To attend physical examinations;
- Medical procedures;
- For monitoring and testing; or
- For discussions with a healthcare provider.
Employees may take paid prenatal personal leave in hourly increments.
Pay requirements
Employers must pay employees at their regular rate of pay or the applicable minimum wage (whichever is greater). The benefits for paid prenatal personal leave must be paid in hourly installments.
Note: Employers are not required to pay an employee for unused paid prenatal leave upon the employee's termination, resignation, retirement, or other separation from employment.
Next Steps
- Review paid leave policies and procedures.
- Ensure compliance with the law by Jan. 1, 2025.
- Train supervisors on how to respond to leave requests.