Starting January 1, 2025, all private-sector employers in New York, regardless of size, must provide eligible employees 20 hours of paid leave per year to attend prenatal medical appointments and procedures. The new law amends the existing New York State Sick Leave Law (Labor Law § 196-b) and is the first in the country to require employers to pay for employees’ prenatal personal care.
According to guidance released by the New York State Department of Labor at the beginning of this month, paid prenatal leave is a standalone benefit from other leave policies and laws, and is immediately available to qualifying employees upon hire. Notably, an employer cannot use a more generous sick leave or paid time off policy to satisfy this prenatal leave requirement. The guidance also clarifies that the leave may only be used by employees directly receiving prenatal health care services—not spouses, partners, or other support persons desiring to attend appointments—and that employers are prohibited from asking for details or documentation related to the care. Employees cannot use paid prenatal leave for any postnatal or postpartum care following childbirth.
Under the new law, prenatal health care services include:
- Physical examinations
- Medical procedures
- Monitoring and testing
- Pregnancy-related discussions with health care providers
- Fertility treatments
- End-of-pregnancy appointments
Although paid prenatal leave amounts do not have to be identified on pay stubs, the guidance suggests that employers maintain clear records of available leave types and amounts used and identify paid prenatal leave separately. New York employers should review and update their policies and procedures to ensure they comply with this new requirement.