The New York State Department of Labor has issued guidance concerning the Paid Prenatal Leave Law that went into effect on January 1, 2025.
The guidance clarifies that prenatal leave is a separate leave bank. It is available to employees on the first day of work, without a need to accrue time. This paid prenatal leave is available to all employees in the private sector in New York State, regardless of the size of the employer.
Only the employee actually seeking prenatal care may use the leave. Spouses, partners, or others are not eligible. The leave may be taken in hourly increments. Employees must be paid at their regular rate of pay or at the minimum wage, whichever is greater.
The guidance clarifies that the leave applies to fertility related appointments such as in vitro fertilization and to appointments related to the ending of a pregnancy, but does not apply for post-natal care.
Employers may not require an employee to provide any documentation of the need for the leave and may not require employees take other leave prior to using prenatal leave.
The Employee may take the twenty hours at any time during the year. The year is a rolling year from the first date of leave. Leave may be used for a second pregnancy during the same 52-week period, but a new pregnancy does not restart the twenty hours.
Employers who have not done so should update their policies and pay practices to reflect this new leave. The guidance is available here: Frequently Asked Questions.
This information is not legal advice and may not be suitable for all client situations. This Client Alert provides general information and does not outline all of the important considerations related thereto.
This Client Alert is not a substitute for legal guidance regarding program details and how those may be applicable to your business. As always, if we can be of assistance with these programs or any other matters, please do not hesitate to contact your HH&K attorney.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
