Update on New York’s Mandated Paid Prenatal Leave

By: Salvatore Puccio, Marianne Monroy, Robert Rothman

On April 19, 2024, Governor Hochul signed an amendment to New York’s Paid Sick and Safe Leave Law (New York Labor Law § 196-b), also known as the Paid Prenatal Leave Law (the “Paid Leave”), that will require employers to provide at least 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures.  The New York State Department of Labor (“DOL”) released a Frequently Asked Questions (“FAQs”) that provides some clarity on employees’ rights and employers’ obligations under the amendment.

The Basics:

• The Paid Prenatal Leave goes into effect January 1, 2025.
• The full 20 hours are immediately available to employees upon hire, there is no accrual or waiting period.
• The 20 hours are in addition to any other available sick leave or other PTO/leave benefits.
• Employees that use this leave must be compensated at their normal pay rate or the applicable minimum wage, whichever is greater.
• Employees must use this leave in hourly increments.

Importantly, the FAQ’s provided much needed answers and guidance on the following:

• The Paid Leave covers all employees that work for private-sector employers who are directly receiving prenatal health care services. This means that spouses, partners, or other support persons are not covered by the Paid Prenatal Leave Law.
• Employees may only use 20 total hours in a 52-week period (unless the employer chooses to provide more) even if the employee becomes pregnant more than once during that period.
• The Paid Leave covers pregnancy related health care services such as physical examinations, medical care procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. While the leave may be used for care related in vitro fertilization and end-of-pregnancy care, it does not apply to post-natal or postpartum appointments.
• Employees are not required to submit medical records to take Paid Leave, and employers may not inquire about confidential health information or details about prenatal appointments.
• Employees should request Paid Leave as they would when requesting any other time off consistent with existing workplace policies.
• The DOL encourages employers to give advance notice to employees of the new 20 hour paid leave entitlement.

As New York employers work to add this paid leave benefit to their employee benefits in 2025, Garfunkel Wild is available to assist with any questions related to compliance with the Paid Prenatal Leave Law including drafting or revising employee handbooks or other policies.

Article Link: Update on New York’s Mandated Paid Prenatal Leave – Garfunkel Wild

NYSHFA | NYSCAL CONTACTS:

Christina Audi, MHA, LNHA
Executive Director, NYSCAL
caudi@nyshfa-nyscal.org
518-462-4800 x 13