At the beginning of this year, New York State implemented a new paid prenatal leave requirement, effective January 1, 2025.  The law provides employees with 20 hours of paid leave time per year to be used for prenatal healthcare service appointments during their pregnancy.  This benefit is separate from, and in addition to, any other sick leave, paid time off or available leave options.

Prenatal leave can be used, in hourly increments, for physical examinations, medical procedures and tests related to pregnancy, prenatal monitoring, discussions with healthcare providers related to the pregnancy, end of pregnancy care and fertility treatment.  Health care appointments after pregnancy are not covered by paid prenatal leave.

In response to the new State law, the City of New York expanded its Paid Safe and Sick Leave Law to incorporate these state-level prenatal leave protections.  Like the state’s requirement, the City law requires a separate bank of prenatal leave that is distinct from all other leave, including safe and sick time.

The City law also sets forth additional requirements regarding notice and documentation.  For example, employers in NYC must update their safe and sick time policies to include paid prenatal leave and distribute the updated policy to all employees.  The New York City Department of Consumer and Worker Protection also released a new Notice of Employee Rights, which must be posted at the workplace, and individually distributed to all employees. NYC also mandates that the use of paid prenatal leave be clearly itemized on employee pay stubs or a separate written document provided each pay period.

Employers with staff in New York State and/or New York City must ensure that their policies and practices are in compliance with these laws and that their managers and HR personnel are familiar with the new entitlements and procedures.  As New York continues to lead the nation in expanding worker protections, employers must continue to put in the work to keep their policies and practices up to date.

If you have questions about these changes or need assistance updating your policies, contact Sara Kula for guidance.