Effective January 1, 2025, employers in New York are required to provide employees with 20 hours of paid prenatal personal leave during any 52‑week calendar period. New York has issued FAQs on the new requirement. Paid prenatal leave must be provided in addition to regular paid sick leave (PSL) already required by law.
Paid prenatal leave can be used for prenatal health care service appointments during an employee’s pregnancy or related to their pregnancy. The requirement applies to all employees working for private sector employers, regardless of the size of the employer. The leave can only be used by the employee directly receiving prenatal health care services – spouses and/or partners cannot use the leave.
Regular PSL accrues, but paid prenatal leave is front-loaded. This means eligible employees automatically have 20 hours of paid prenatal leave. The law does not require employees to work for an employer for a minimum amount of time before using the leave. An employee must be paid at the employee’s regular rate of pay, or applicable minimum wage, whichever is greater. An employer is not required to pay out any unused leave on termination.
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Lia Coniglio, Esq., is Managing Editor of PayState Update and Senior Manager of State Payroll Information Resources for PayrollOrg.
