Pursuant to the New York Paid Prenatal Leave Law (the “PPL Law”), beginning on January 1, 2025, New York employers must provide employees with 20 hours of paid leave for prenatal healthcare service appointments during their pregnancy or related to pregnancy (“Paid Prenatal Leave”) in a 52-week period. The PPL Law amends the New York State Sick Leave Law.
Paid Prenatal Leave can be used for prenatal health care services including physical examinations, medical procedures, monitoring and testing, and fertility treatment or care appointments, including in vitro fertilization. Paid Prenatal Leave may only be used by the employee directly receiving prenatal health care services, and employers cannot require employees to submit documentation to support the need for Paid Prenatal Leave.
The New York Department of Labor recently issued anticipated guidance (the “FAQs”) regarding the PPL Law.
The FAQs clarify that Paid Prenatal Leave is a separate benefit from paid sick leave and leave provided by other employment policies, meaning that employers must provide 20 hours of Paid Prenatal Leave in addition to the leave the employer already provides. While prenatal health care appointments may be covered by New York paid sick leave, Paid Prenatal Leave, or another leave policy, the FAQs note that “an employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using Paid Prenatal Leave.”
The new Paid Prenatal Leave requirements apply to all private-sector employers regardless of size, and all employees are eligible, regardless of how long they have worked for the employer or their part-time or exempt status. Further, Paid Prenatal Leave does not accrue. Employees are automatically entitled to the full 20 hours of Paid Prenatal Leave, and the 52-week period for an employee begins the first time an employee uses Paid Prenatal Leave. Similar to New York paid sick leave, employers have no obligation to pay departing employees for any unused Paid Prenatal Leave benefits.
New York employers should prepare for the start of Paid Prenatal Leave by updating their policies and informing HR, benefits, and other stakeholders about the new benefit and how to administratively respond to requests.