New York Employers Need to Prepare for Paid Prenatal Leave Starting in 2025

Starting January 1, 2025, all New York employers will be required to provide employees with 20 hours of paid prenatal leave. To help employers prepare for this new mandate, the New York State Department of Labor (“NYS DOL”) has issued guidance clarifying key details.

Who is Covered?

All private employers in New York must comply with the paid prenatal leave requirements, regardless of the employer’s size.

All employees of private-sector employers in New York are eligible for paid prenatal leave. This includes part-time employees and those exempt from overtime requirements. However, only employees directly receiving prenatal health care services can utilize this leave. Spouses, partners, and other support persons are not eligible to use paid prenatal leave to attend appointments with a pregnant individual.

What Does the Leave Include?

Amount of Leave

Employees are entitled to at least 20 hours of paid leave per 52-week period for prenatal healthcare appointments related to their pregnancy. The 52-week period begins the first time an employee takes paid prenatal leave. Leave may be taken in hourly increments.

Interaction with Other Leave Policies

Paid prenatal leave is in addition to leave provided under New York’s Sick Leave law. Employers may not require employees to use one type of leave over another or exhaust one leave type before accessing paid prenatal leave. Prenatal health care appointments may qualify under the NYS Sick Leave law, paid prenatal leave, or the employer’s existing leave policies.

Accrual and Eligibility

Employees are automatically entitled to 20 hours of paid prenatal leave without needing to accrue time or meet a minimum service period.

Permissible Uses of Prenatal Leave

Paid prenatal leave may be used for appointments related to an employee’s pregnancy, including:

• Physical exams
• Medical procedures
• Prenatal monitoring and testing
• Fertility treatments (e.g., in vitro fertilization)
• End-of-pregnancy care

Employees cannot use paid prenatal leave for post-natal or postpartum appointments.

Documentation Requirements

Employers cannot require employees to disclose confidential medical information as a condition for using paid prenatal leave. While advance notice of leave is encouraged, employees should follow their employer’s existing notification or request procedures.

Recordkeeping

Although recordkeeping on paystubs is not mandated, it is recommended that employers maintain clear, accessible records of leave types and usage for both the employer and employees.

Compliance and Penalties

Employees may report violations of the paid prenatal leave law to the NYS DOL. Non-compliance could result in penalties or legal actions.

Next Steps for Employers

To ensure compliance by January 1, 2025, employers should:

1. Update leave policies to include paid prenatal leave.
2. Establish procedures for tracking leave entitlements.
3. Communicate any changes and notification requirements to employees.

For additional guidance, consult the following resources:

• NYS Paid Prenatal Leave FAQs
• NYS Paid Family Leave Website / Updates for 2025
• NYS Paid Family Leave Model Language for Employee Materials
• Employee Notice of Paid Family Leave Payroll Deduction for 2025 (template)
• Paid Family Leave Statement of Rights

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