Starting January 1, 2025, New York’s Paid Prenatal Leave law will require all private employers in the state to provide 20 hours of paid prenatal leave to pregnant employees. The law mandates that employees can take time off for medical appointments related to pregnancy without losing income.
The law applies to all private employers in New York State, regardless of the number of employees, and covers both full-time and part-time employees. Paid prenatal leave includes time off for pregnancy-related healthcare, such as physical exams, medical procedures, testing, and consultations with healthcare providers. Employees may take this leave in hourly increments, and compensation must be provided at their regular rate of pay or the applicable minimum wage, whichever is greater.
Employers are not required to compensate employees for any unused prenatal leave upon separation from employment.
For more information on Paid Prenatal Leave and its impact on your business’s paid leave policies, visit ny.gov/prenatal.
Frequently Asked Questions can be accessed here.
Compliance Perspective
Issue
Paid Prenatal Leave is a separate employee benefit from New York State Sick Leave (paid or unpaid). Prenatal healthcare appointments may be covered by New York State Sick Leave, Paid Prenatal Leave, or an existing employer’s leave policy. Employers cannot require an employee to choose one type of leave over another or require an employee to exhaust one type of leave before using Paid Prenatal Leave. Paid Prenatal Leave is a stand-alone benefit specifically for employees seeking prenatal healthcare services. Although this law applies only in New York, other states may follow suit and implement similar laws in the future. Facilities should regularly check their own state and local laws to ensure compliance with any applicable regulations regarding paid leave.
Discussion Points
- Review your facility’s policies and procedures related to Paid Prenatal Leave, ensuring that they are up to date and compliant with New York’s new law. Make sure that your policies clearly differentiate between Paid Prenatal Leave, New York State Sick Leave, and any other types of leave provided by the facility. If you have facilities in other states, check for similar legislation that may apply and update policies accordingly.
- Train your human resources team and facility leadership on the specifics of Paid Prenatal Leave, including the requirement that employees cannot be forced to choose between leave types or exhaust one before using Paid Prenatal Leave. Ensure that staff understand the application of this law in New York and any similar laws that may exist in other states where you have facilities. Make sure all relevant personnel are familiar with procedures for handling leave requests and how to communicate these policies to employees. Document these trainings and retain signed records in the employee’s individual education file.
- Periodically audit your leave records and processes to ensure compliance with Paid Prenatal Leave and any applicable federal or state laws. Anonymously survey employees to determine if they have been correctly informed about their leave options and ensure no employee is pressured to choose one leave type over another. Review payroll records and employee files to verify that all leave is tracked and compensated accurately. Additionally, ensure employees are aware of how to report concerns regarding leave policies to management or through the facility’s reporting system, regardless of the state in which they work.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
