Beginning on January 1, 2025, New York employers must start providing employees with 20 hours of paid prenatal leave. The New York State Department of Labor (NYS DOL) recently released new guidance ahead of the upcoming effective date.

Which employers must provide prenatal leave?

All private employers in New York must provide paid prenatal leave, regardless of employer size.

Which employees must be provided prenatal leave?

All employees working for private-sector employers must be provided with paid prenatal leave, regardless of their part-time or overtime exempt status. Only employees directly receiving prenatal health care services can use paid prenatal leave. Spouses, partners, and support persons cannot use paid prenatal leave to attend appointments with a pregnant person.

What leave must be provided?

Employees must be provided with at least 20 hours of paid leave per 52-week period for prenatal healthcare service appointments during their pregnancy or related to their pregnancy. The 52-week period begins the first time an employee uses paid prenatal leave. Employees can take leave in hourly increments.

Prenatal leave must be provided in addition to leave required under the New York Sick Leave law. Prenatal health care appointments may be covered by NYS Sick Leave, paid prenatal leave, or an employer’s existing leave policy. An employer cannot require an employee to use one type of leave over another or require an employee to exhaust one type of leave before using paid prenatal leave.

Does prenatal leave accrue?

No, employees do not accrue paid prenatal leave. Rather, employees are automatically entitled to 20 hours of leave and do not need to work for an employer for a minimum amount of time before accessing paid prenatal leave.

For what reasons can prenatal leave be taken?

Leave can be taken for prenatal healthcare service appointments during an employee’s pregnancy or related to their pregnancy, including physical exams, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. This applies to fertility treatment or care appointments, including in vitro fertilization, and end-of-pregnancy care appointments.

Employees cannot take paid prenatal leave for post-natal or postpartum appointments.

Can employers require employees to provide medical records or documentation for paid prenatal leave?

No, employers cannot ask employees to disclose confidential information about their health condition as a condition of requesting prenatal leave. The NYS DOL encourages employees to provide advance notice of leave using any existing notification/request procedures within their workplaces.

Is recordkeeping required?

Recordkeeping on paystubs is not required. However, it is best practice for employers to maintain clear records of available types of leave and amounts of leave used in a manner accessible to both the employer and the employee.

What are the penalties for non-compliance?

Individuals can file a complaint or report a violation of the paid prenatal leave law with the NYS DOL.

Employer Action

New York employers should start providing paid prenatal leave to employees beginning January 1, 2025. Ahead of the effective date, employers should determine how they will track prenatal leave entitlements and communicate to employees any notification/request procedures for taking prenatal leave.

Sequoia One Clients ONLY: Clients have access to a PRENATAL pay code in Prism. When an employee takes New York prenatal “sick” leave, clients can update the timesheet to designate this leave using the PRENATAL pay code for their payroll. Clients can use this code to track the prenatal hours provided to an employee. 

Additional Resources

Connect with a Sequoia consultant to learn how Sequoia’s compliance services are integrated in our benefits services and tailored solutions. 

And if you’re already a Sequoia client, stay on top of your employer obligations with your Compliance Checklist that highlights important compliance dates, action items, and resources. 

The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog. © 2024 Sequoia Consulting Group. All Rights Reserved. 

Emerald Law — Emerald is the Director of Compliance for Sequoia One, where she advises on employee benefits and HR laws and works on internal compliance for the PEO. In her free time, Emerald enjoys stand-up comedy, live music, and writing non-fiction.