To align with New York State's paid prenatal leave requirements, which we discussed here, the New York City Department of Consumer and Worker Protection ("DCWP") has amended its rules for New York City's Earned Safe and Sick Time Act ("ESSTA"). The amended rules, which can be found here, took effect on July 2, 2025 ("Rules"). The Rules do not establish a separate leave entitlement, but instead "incorporate by reference" the State law which went into effect on Jan. 1, 2025 and requires that employers provide employees twenty (20) hours of paid prenatal leave per 52-week period.
Although the leave entitlement for employees remains the same, the Rules add additional obligations for New York City employers. Employers must maintain a written paid prenatal leave policy that complies with the Rules and are required to distribute the policy to employees at the time of hire, within 14 days of the effective date of any changes to the policy, and upon request.
The Rules also introduce a disclosure requirement, consistent with existing requirements for paid sick and safe time reporting under ESSTA. For each pay period in which an employee uses paid prenatal leave, the employer must inform the employee, either on their paystub or electronically, of the number of hours of paid prenatal leave used and the total balance remaining for the 52-week period.
New York City employers must also post and provide employees with an updated Notice of Employee Rights that includes information about paid prenatal leave entitlements. This notice must be distributed to both new hires and current employees, posted in a conspicuous location in the workplace, and accompanied by an acknowledgement of receipt from employees, which employers are required to retain.
New York City employers should review and update their existing policies to ensure compliance with these requirements. DCWP has authority to promulgate and enforce rules implementing local laws, including ESSTA. When DCWP issues amended rules, employers must comply or face potential enforcement actions. For any violations of the paid prenatal leave requirements, employers may be subject to civil penalties, including fines (including up to $10,000 for retaliation), restitution orders, interest, liquidated damages and/or attorneys' fees.
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