A new NYS law providing employees with 20 hours of paid leave time per year for prenatal healthcare during or related to their pregnancy takes effect January 1, 2025.
The New York State Paid Prenatal Leave Law (an amendment to Labor Law Section 196-b) makes NYS the first state in the nation to offer paid time off for prenatal care or any medical care related to pregnancy.
All private-sector employers in New York State are required to provide their employees with 20 hours of paid sick leave for prenatal care in addition to their existing sick leave.
This includes overtime-exempt and part-time employees, as well as employees of non-profit organizations. However, it does not include federal, state, or local government employees.
Private sector employers include persons, corporations, limited liability companies, or associations of any size and in any occupation, industry, trade, business, or service.
Paid Prenatal Leave is a separate employee benefit from NYS Sick Leave (paid or unpaid). Prenatal health care appointments may be covered by NYS Sick Leave, Paid Prenatal Leave, or an existing employer’s leave policy, but an employer cannot require employees to choose one leave type over another, or require an employee to exhaust another type of leave first.
Paid Prenatal Leave includes fertility treatments (including IVF), as well as end-of-pregnancy care. It does not include post-natal or postpartum care.
Employees who are the spouses, partners, or other support persons of those seeking prenatal or pregnancy-related medical care are not eligible for Paid Prenatal Leave.
Notably, unlike the NYS Paid Family Leave (PFL), which employees are eligible for after 26 consecutive weeks of employment, Paid Prenatal Leave is available to employees from the first day of employment.
It’s also worth noting that PFL is funded through a payroll deduction with an employer contribution (generally, the employer’s disability insurance policy makes the payments), but Paid Prenatal Leave is paid for solely by the employer.
Employers are required to pay employees’ Prenatal Leave at their regular rate of pay (or the applicable minimum wage). They cannot require employees to submit medical records or documents, or disclose any other confidential health information, as a condition of receiving Paid Prenatal Leave.
Employers cannot retaliate against employees for requesting Paid Prenatal Leave.
Employer are not required to classify Paid Prenatal Leave differently on pay stubs or in leave accrual (time off) banks, but it is recommended that they maintain clear records of the types of leave employees take.
For any questions or assistance, contact us.
