Effective January 2025, New York Employers Must Provide Paid Prenatal Leave
As previously reported here, New York employers will be required to provide Paid Prenatal Leave (“PPL”) to pregnant employees as of January 1, 2025. In early December, the New York State Department of Labor issued guidance on the new law.
Under these guidelines,
- Employers of all sizes (including non-profit organizations) will be required to provide twenty (20) hours of paid leave during any 52-week period for prenatal care
- All employees, regardless of part-time status or overtime exempt status, are covered by the Paid Prenatal Leave Law
- Employees may access the twenty (20) hours of PPL immediately, without an accrual period or having worked for the employer for a minimum amount of time
- Paid prenatal leave is a stand-alone benefit that employers must offer in addition to any other leave policies available to employees
- Employees may use this benefit in hourly increments and must be compensated at their regular rate of pay or minimum wage, whichever is higher
- Only the employee directly receiving prenatal healthcare is eligible for this leave, not spouses, partners, or other support persons
- In addition to health care services, physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy, paid prenatal leave is available for fertility treatment and care appointments and for end-of-pregnancy care appointments
- Employers are not obligated to carry over unused PPL or pay out unused PPL o an employee who separates from the employer
Employers should note that PPL is distinct from other types of leave, such as New York paid sick leave, family leave, or FMLA leave.
Employers cannot require employees to disclose confidential information about their reason(s) for prenatal leave and may not discriminate or retaliate against employees for requesting or taking PPL.
To prepare for the new requirements, employers should review and revise their policies including any handbook policies, and procedures regarding pregnancy, sick leave, and prenatal leave, and train their supervisors and managers on the new law.
If you have questions or concerns about the New York paid prenatal leave law, please contact Chaim Book at CBook@booklawllp.com or Sheryl Galler at SGaller@booklawllp.com
