As we previously reported, effective January 1, 2025, New York employers will be required to provide employees with 20 hours of paid prenatal leave. Employees will be able to take such leave for prenatal healthcare service appointments during their pregnancy or related to their pregnancy.
New York State recently issued FAQ guidance explaining certain aspects of the new law. The guidance, among other things, clarifies that:
- The leave may only be used by the employee directly receiving the prenatal healthcare services and it does not accrue (rather, employees automatically receive 20 hours of leave per year).
- Fertility care and treatment, as well as end-of-pregnancy care appointments, are qualifying reasons for paid prenatal leave, but post-natal or postpartum appointments are not.
- Paid prenatal leave is a separate benefit from New York State sick leave or any other leave policies and laws. As such, employees are entitled to 20 hours of paid prenatal leave "in addition to any other available leave options."
- Employers cannot require an employee to choose one leave type over another or exhaust one type of leave before using paid prenatal leave. In addition, employers cannot ask employees for details about their prenatal appointments, require corroborating documentation, or require employees to disclose confidential information as a condition to requesting use of leave.
While existing sick leave laws likely already cover the qualifying reasons captured by paid prenatal leave, this new law is significant because it provides employees with an additional 20 hours of paid leave for prenatal healthcare (beyond any existing leave policies or laws) and expressly covers fertility care and treatment and end-of-pregnancy care.
As January 1, 2025 approaches, New York employers should prepare to make this leave available to employees as of its effective date. In addition, while not strictly required by the law or related guidance, employers should consider adopting a written policy detailing this new leave so employees and managers are aware of these entitlements.
This article is presented for informational purposes only and is not intended to constitute legal advice.
