/>iAs of Jan. 1, 2025, the state of New York expanded paid sick leave to now include paid prenatal leave. New York now requires applicable employers to provide employees with 20 hours of leave for healthcare services during their pregnancy. The Paid Prenatal Leave Act requirements include pregnancy-related healthcare services for “physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider.” New York is the first and only state to mandate this benefit.
New York designed paid prenatal leave as a separate bank of paid leave that is provided to employees in addition to the state’s existing sick leave requirements. An employee can use the 20 hours during any 52-week calendar period and may take this leave in hourly increments. An employer is required to pay the employee in hourly installments at the employee’s regular rate of pay, but an employer is not required to pay a separated employee for any unused paid prenatal leave or provide these benefits for healthcare services after pregnancy.
In December 2024, the New York Department of Labor issued guidance clarifying that New York’s small employer sick leave exemption also applies to paid prenatal leave. Therefore, a private sector or nonprofit employer is not required to provide such leave if the employer has four or fewer employees and a net income of less than $1 million in the previous tax year.
Moving forward, applicable New York employers need to ensure they provide employees with paid prenatal leave benefits and that they maintain procedures for accepting, approving and tracking applicable employee leave requests.
This paid prenatal personal leave is part of New York’s paid sick leave program, which is separate from New York State Paid Family Leave.
