New York State Requires Employers to Provide Paid Prenatal Leave: What You Need to Know

Starting January 1, 2025, New York's Paid Prenatal Leave Law provides employees with 20 hours of paid leave annually for prenatal healthcare services. This benefit is separate from other leave policies, including NYS Sick Leave, and applies to all private-sector employers regardless of size.

Employees may take the twenty hours in 1 hour increments. While the law takes effect 1/1, the leave must be available on a rolling 52-week basis, and is not tied to the calendar year. The law does not cover spouses or partners- only an employee receiving direct care is eligible. An employee is eligible for the leave upon hire.

Why It Matters:
Employers must ensure compliance by integrating this new benefit into their leave policies, as failure to do so can result in penalties. Accurate recordkeeping and clear communication with employees are essential to avoid disruptions and ensure a smooth rollout.

Key Impacts:

• Employees can use this leave for prenatal appointments during pregnancy, including fertility treatments.
• Paid Prenatal Leave cannot be combined or substituted with other leave types without the employee's choice.
• Employers cannot require employees to disclose health details when requesting this leave.
• Employees should provide notice according to their employer's existing time-off request procedures. While advanced notice is encouraged, the law does not mandate a specific timeframe.

Steps to Comply:

1. Update leave policies to include Paid Prenatal Leave as a separate benefit. For HR One clients, we have developed policy language that can be added to your employee handbook.
2. Train managers and HR staff on the requirements and restrictions of the law, particularly around employee privacy.
3. Establish a process for employees to request this leave in line with your existing time-off procedures.
4. Maintain clear records of Paid Prenatal Leave usage, even though detailed recordkeeping is not mandated.

For HR One payroll clients, we are working with our partners to add a code to the system for prenatal leave.

By preparing now, employers can ensure compliance with this new law while supporting their employees' prenatal healthcare needs.