Beginning on January 1, 2025, New York employers in the private sector will be required to provide up to 20 hours of paid leave during any 52-week period for employees to attend prenatal appointments or obtain health care services related to their pregnancy.

This new law is an amendment to New York Labor Law § 196-b and makes New York the first state in the nation to mandate such paid leave. Below are key aspects of the new leave.

Who Are Covered Employers and Covered Employees

All private sector employers in New York are required to provide paid prenatal leave, regardless of company size.

Any employee seeking pregnancy-related health care is covered under this law. Covered employees may use paid prenatal leave at any time and need not have worked for their employer for a minimum period of time before using this leave. All covered employees are automatically afforded 20 hours and may use this leave regardless of part-time status or overtime exempt status.

Spouses, partners, and support persons (i.e., friends or relatives) of covered persons are not eligible touse paid prenatal leave to attend pregnancy-related appointments with an eligible employee.

When Is Paid Prenatal Leave Used and How Does It Affect Existing Current Leave Laws and Policies?

Paid prenatal leave covers health care visits that may be received by an employee during their pregnancy including medical procedures, physical examinations, monitoring and testing, and pregnancy-related discussions with health care providers. Notably, this leave also covers fertility treatments and end-of-pregnancy treatments. Paid prenatal leave may not be used for postnatal or postpartum appointments.

The 52-week period to use paid prenatal leave begins the first time an employee uses this leave and may be used throughout the 52-week period until the 20 hours are exhausted.

The New York State Department of Labor (NYDOL) recently issued guidance addressing questions surrounding paid prenatal leave. The guidance clarified that this leave is a separate benefit from other leave policies, meaning eligible employees are entitled up to 20 hours of paid leave in addition to any other available leave. Importantly, the guidance further explained that while prenatal health care appointments may also be covered under the New York State Paid Sick Leave Law or other existing employer leave policies, an employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using paid prenatal leave. The guidance can be found here.

Employers Cannot Request Supporting Medical Documentation

NYDOL further clarifies that employers cannot ask employees to provide confidential information about their health conditions and cannot require employees to submit medical records or documents in connection with their request to use paid prenatal leave (i.e., doctor’s notes).

Takeaway

New York employers should review and update their current leave policies and procedures to comply with this new law.