New York Paid Prenatal Leave Law
Starting January 1, 2025, New York will become the first state to mandate paid prenatal personal leave for all private-sector employees regardless of company size. The law requires New York employers to provide up to 20 hours annually for prenatal or other medical care related to pregnancy.
Provisions of the new law include:
• Eligibility: Pregnant employees can take up to 20 hours of paid leave in a 52-week period for medical appointments, procedures, or discussions related to their pregnancy in addition to any other available leave.
• Usage: Leave is available immediately upon hire, without requiring accrual, and can be taken in hourly increments.
• Covered services: Health care services an employee receives during their pregnancy or related to their pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. Fertility treatment or care appointments, including in vitro fertilization, are also covered. Postnatal or
postpartum appointments are not covered.
• Pay rate: Employees are compensated at their regular rate of pay or the applicable minimum wage, whichever is higher.
• Protections: Employers cannot require medical documentation for leave requests, request confidential information regarding the appointments, or retaliate against employees for using this benefit.
• Intersection with other leave policies and New York’s sick leave law: This leave is in addition to leave that can be taken under existing paid sick leave laws. Notably, even if an employer’s existing leave policy exceeds the minimum requirements under New York’s paid sick leave law, employees will be entitled to a separate benefit of 20 hours of paid prenatal leave in addition to any other available leave options.
• Exclusions: Unused leave is not paid out upon termination, and the law does not apply to nonpregnant partners or support persons.
