NYC’s New Prenatal Leave Requirements: What Employers Must Know Ahead of July 2025
New York City employers will soon face new compliance obligations as the City’s expanded Earned Safe and Sick Time Act (ESSTA) prenatal leave requirements take effect on July 2, 2025. These rules build upon New York State’s Paid Prenatal Leave law, which became effective January 1, 2025, and layer additional city-specific mandates that employers must integrate into existing policies and procedures.
Overview of Prenatal Leave Benefits
Under both state and city law, eligible employees may take up to 20 hours of paid prenatal leave within a 52-week period. This leave is in addition to other accrued sick and safe leave entitlements and may be used for healthcare services related to pregnancy, including exams, procedures, monitoring, testing, and medical consultations.
NYC’s Added Compliance Obligations
The City’s ESSTA amendments introduce several key employer responsibilities beyond state requirements:
- Written Policy Requirement:
Covered employers must maintain a written paid prenatal leave policy that includes eligibility, usage rules, documentation standards, notice procedures, confidentiality assurances, and leave increments. The policy must be distributed at hire, whenever updated, and upon request. - Notice of Leave Balances:
Each pay period where prenatal leave is used, employers must provide employees with documentation showing leave usage and the remaining balance, either on pay statements or separate written reports. - Leave Increments and Use:
Employees may use prenatal leave in hourly increments, though employers may impose a minimum increment of one hour per day. - Employee Notice and Documentation:
Reasonable advance notice may be required for foreseeable absences (up to seven days). Documentation can only be required for absences exceeding three consecutive workdays, following specified rules for what constitutes reasonable documentation. - Recordkeeping:
Employers must maintain detailed records for each employee regarding leave usage, balances, payment amounts, and compliance with all ESSTA requirements.
Prenatal Leave Posting Requirement
The New York City Department of Consumer and Worker Protection (DCWP) has also issued a mandatory “Notice of Rights: Paid Prenatal Personal Leave” poster that employers must conspicuously display in the workplace alongside other required postings.
Penalties for Noncompliance
Violations of the new prenatal leave requirements may result in penalties for unpaid wages, liquidated damages, retaliation, and additional civil fines ranging from $500 to $10,000.
Next Steps for Employers
With the July 2, 2025, effective date fast approaching, NYC employers should:
- Review and update written policies to address both state and city prenatal leave obligations.
- Distribute updated policies to all employees.
- Post the new DCWP prenatal leave notice.
- Train HR, managers, and supervisors on handling prenatal leave requests and documentation properly.
- Update payroll and recordkeeping systems to ensure compliance with leave balance reporting.
Employers operating in New York City should proactively review these new requirements and consult with legal counsel to ensure full compliance as these expanded leave obligations take effect.
For assistance in reviewing your leave policies or ensuring full compliance with New York’s evolving leave laws, please contact Chaim Book at cbook@booklawllp.com or Sheryl Galler at sgaller@booklawllp.com.
