New Year, New Leave In New York: Ring in 2025 by Updating Your Policies to Provide Paid Prenatal Leave

January 1, 2025, was more than just the first day of the new year. In New York State, it was the effective date of a first-of-its-kind law mandating paid prenatal leave for women.

The leave, which is embodied in two additions to the New York Labor Law, Sections 196-b.2 and 4-a, was signed into law in May 2024 by New York Governor Kathy Hochul. She explained that she hoped the new leave requirement would improve the health and welfare of pregnant women and babies in New York State. These amendments, which took effect on the first of the year, provide 20 hours of paid leave every 52 weeks. The leave is to be used “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.”

While the amendments themselves offer little detail as to how employers can comply with the new regulations, recently released guidance from the New York State Department of Labor (DOL) in the form of Frequently Asked Questions sheds light on how employers can effectively implement the new rule.

Perhaps the most important fact to note regarding New York’s paid prenatal leave, which is discussed in the DOL’s guidance, is that it applies to all private sector employers, regardless of how many employees a company has. Therefore, even employers with only one New York employee must provide paid prenatal leave to their New York employees. Further, all employees, whether they are full time or part time, are automatically eligible for the leave upon commencing employment. Employers cannot require the leave to be accrued over time. The law and the state’s guidance also make clear that paid prenatal leave is in addition to and independent from any other state-mandated leave, such as New York State’s Sick Leave or other employer-provided leave. While time away from work for prenatal care may be covered by multiple potential leave laws or policies, under New York’s new prenatal leave law an employer cannot require an employee to attribute their leave to a particular policy or to exhaust their balances on other leave allotments before using paid prenatal leave.

Regarding processing requests for prenatal leave, employers are forbidden from conditioning its use on the production of confidential documentation or other information about an employee’s condition. That said, prenatal leave may only be used by the employee directly receiving prenatal health care services. Those who may be associated with individuals who are pregnant and receiving pregnancy-related care are not eligible to use the prenatal leave. In addition, while the leave may be used for fertility treatment or care appointments and end-of-pregnancy care appointments, it may not be used to cover post-partum care. Thus, it is appropriate for employers to limit the use of prenatal leave to pregnant employees. Partners or other family members of pregnant women or women who require care after giving birth are not covered by this particular leave. Finally, while employers cannot require the use of a particular amount of leave for a given appointment, leave must be taken in hourly increments.

The record-keeping requirements for employers are not clear from the face of the law or the state’s guidance but, as employers must do now for other types of leave, they are well-advised to keep clear and specific records that note the identity of the individual taking the leave as well as the length of and the time period in which the leave was taken.

New York employers are well-advised to immediately review their current leave policies and amend them to include a specific, standalone paid prenatal leave of 20 hours per year, as well as other specific policies that address how to request and obtain such leave. While the coming months are sure to require some adjustment by employers as they iron out the kinks in their implementation of this ground-breaking law, New York employers with questions about these changes can always contact Foley counsel for additional advice and guidance.