January 1, 2025, marked more than just the start of the new year. In New York State, it also signaled the implementation of a groundbreaking law that mandates paid prenatal leave for women.
This leave, outlined in two amendments to the New York Labor Law (Sections 196-b.2 and 4-a), was signed into law by Governor Kathy Hochul in May 2024. She shared her vision for the law, stating, “I hope this new leave requirement will improve the health and welfare of pregnant women and babies in New York State.” The new amendments, effective from January 1, 2025, provide employees with 20 hours of paid leave every 52 weeks. The leave is designated for “the health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.”
Although the amendments themselves don’t provide extensive details on how employers should comply with the new rules, the New York State Department of Labor (DOL) recently released helpful guidance in the form of Frequently Asked Questions. This guidance offers clarity on how employers can implement the new regulations effectively.
A key takeaway from the DOL’s guidance is that the paid prenatal leave applies to all private-sector employers, regardless of the size of their workforce. As a result, even companies with just one New York-based employee are required to provide this paid leave. Moreover, all employees—whether full-time or part-time—become eligible for the leave as soon as they begin their employment. Employers cannot mandate that the leave be accrued over time. The law, along with the DOL’s guidance, also emphasizes that the paid prenatal leave is separate from, and in addition to, other state-mandated leaves like New York State’s Sick Leave or other employer-provided leave policies. While leave for prenatal care might be covered by various leave laws or policies, under this new law, employers cannot require employees to allocate their leave to a particular policy or exhaust other leave balances before using paid prenatal leave.
When it comes to processing requests for prenatal leave, the law stipulates that employers cannot demand confidential documentation or other personal health information as a condition for granting leave. However, it’s important to note that prenatal leave is only available to employees who are directly receiving prenatal health care services. Individuals associated with someone who is pregnant or receiving pregnancy-related care cannot use this leave. The leave can be used for fertility treatments, care appointments during pregnancy, and end-of-pregnancy care, but it cannot be used for postpartum care. Thus, it’s appropriate for employers to restrict the use of prenatal leave solely to pregnant employees. Partners or family members of pregnant women or individuals requiring care post-birth are not eligible for this leave. Additionally, while employers cannot mandate a specific amount of leave for each appointment, leave must be taken in hourly increments.
The law and its guidance do not offer clear directives on record-keeping requirements, but as with other types of leave, employers are advised to maintain detailed records. These should include information such as the identity of the employee taking the leave, the duration of the leave, and the specific dates it was taken.
Given these new regulations, New York employees are encouraged to review their current leave policies and promptly amend them. Our DC employment lawyers will be keeping a close watch for similar laws following in other states.