New York’s Paid Prenatal Leave Law: What to Know

What You Need to Know: New York’s Paid Prenatal Leave Law 

As of January 1, 2025, the New York Paid Prenatal Leave Law officially went into effect. It grants private-sector employees across the state an important new benefit. This law provides employees with up to 20 hours of paid leave during a 52-week calendar period for prenatal health care service appointments, which includes fertility treatment services.  

Understanding Paid Prenatal Leave 

Paid Prenatal Leave is a standalone benefit separate from New York State Sick Leave. Employees can use it for prenatal healthcare appointments related to their pregnancy, including in vitro fertilization procedures. Employers cannot require employees to exhaust other types of leave, such as sick leave, before using Paid Prenatal Leave. 

Which Employees Qualify for Prenatal Leave 

• All private-sector employees in New York are eligible for Paid Prenatal Leave. 

• Part-time employees, newly hired employees, and overtime-exempt employees are all covered. 

• There is no minimum work requirement to accrue Paid Prenatal Leave. 

Prenatal Leave Compensation  

Employees are entitled to 20 hours of paid leave annually. Compensation is provided at the employee’s regular rate of pay or the applicable minimum wage, whichever is greater. 

Protections Against Retaliation and Discrimination 

Employers are prohibited from retaliating against employees who use or request Paid Prenatal Leave. Examples of retaliation include: 

• Reducing other leave entitlements because an employee uses Paid Prenatal Leave. 

• Changing work hours or location after a leave request. 

• Terminating or demoting an employee for requesting leave. 

Notification and Record-Keeping 

The New York State Department of Labor (NYDOL) encourages employees to notify their employer of Paid Prenatal Leave requests following the same procedures used for other types of time off. While the law does not mandate detailed record-keeping, it is recommended that employers maintain accessible and clear records of available and used leave for transparency and compliance purposes. 

Steps for Employers 

To prepare for the implementation of Paid Prenatal Leave, employers should: 

• Update leave policies to reflect the new law. 

• Train managers on the law to ensure proper administration. 

• Consider keeping accurate records of all leave types and amounts used to avoid confusion. 

FAQs About Paid Prenatal Leave 

Can employers request medical records for Paid Prenatal Leave? 

• No, employers cannot require employees to submit medical records to access Paid Prenatal Leave. 

How should employees notify their employers about using leave? 

• Employees should follow the same procedures as they would for other types of leave in their workplace. Clear communication from employers about notification protocols is encouraged. 

Can employers limit how Paid Prenatal Leave is used? 

• No, employees must be allowed to use their full 20 hours of leave each year for eligible prenatal appointments. 

More details and guidance on implementing the New York Paid Prenatal Leave Law can be found on The Dashboard. Contact us to learn more!