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On January 1, 2025, New York State’s Paid Prenatal Leave Law took effect, making New York the first state to require all private-sector employers to offer paid leave to employees for prenatal health care services during or related to their pregnancy. Specifically, the Law requires employers to provide their New York employees with up to 20 hours of paid time off per rolling 52-week period for prenatal health care appointments during or related to pregnancy, which may include physical examinations, medical procedures, monitoring and testing, discussions with a health care provider, end of pregnancy care, and fertility treatment. Health care appointments after pregnancy are not covered by the Law.

Notably, Paid Prenatal Leave is a benefit separate and apart from other leave laws and policies, and thus must be provided to employees in addition to their regular accrued sick leave under the New York State Paid Sick Leave Law and the New York City Earned Safe and Sick Time Act. Moreover, Paid Prenatal Leave does not accrue over time – rather it is available for use by employees immediately if they qualify and can be taken in hourly increments. At the same time, unused Paid Prenatal Leave hours do not roll-over from year to year and are not paid out to employees.

Paid Prenatal Leave is only available to the employee directly receiving prenatal health care. Accordingly, a spouse, partner, or other family member or support person attending prenatal appointments with a pregnant person is not entitled to Paid Prenatal Leave but may be able to utilize regular accrued sick leave under New York State or New York City sick leave laws.

The State recently issued guidance regarding Paid Prenatal Leave, including Frequently Asked Questions, Information for Employers, and Information for Employees, links to which can be found at the State’s webpage. The guidance provides, among other things, that employers cannot ask for personal or confidential information regarding the nature of the prenatal appointment and employers cannot request that an employee provide medical records as a condition of using Paid Prenatal Leave. The guidance also provides that employers may implement procedures for employees to notify employers of the need for Paid Prenatal Leave in the same manner that employees would request or notify their employer about other time off, but employers seemingly cannot deny a request for Paid Prenatal Leave if an employee fails to follow such notification procedures.

At this time, employers should be complying with the Paid Prenatal Leave Law and implement and distribute a Paid Prenatal Leave Law policy to employees. For further information on this Law or any related obligations, please consult the Tannenbaum Helpern employment attorney with whom you work.

For more information on the topic discussed, contact:

• Andrew P. Yacyshyn  |  yacyshyn@thsh.com  |  212-508-6792