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Starting on January 1, 2025, employers in New York State will be required to provide pregnant employees with at least 20 hours of paid prenatal leave per year. New York State signed this new requirement into law through an amendment to the state budget in April 2024. It is the first state in the nation to enact a paid leave policy specifically protecting pregnant employees.
The law describes “paid prenatal personal leave” as “leave taken 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.” New York State has issued guidance explaining that the covered health services also include fertility treatment and end-of-pregnancy care appointments.
The 20 hours of paid prenatal leave is required to be provided to employees in addition to the existing NYS Sick Leave Law, and can be taken in hourly increments. This leave cannot be used by spouses, partners, or other individuals providing support to the pregnant person. Rather, only the employee directly receiving prenatal health services is eligible. Coverage applies to all private sector employees, including part-time and overtime exempt employees.
All private New York State employers will be obligated to comply with this new law, regardless of the employer’s size or industry. Employers will be required to pay employees at their regular rate of pay or the applicable minimum wage, whichever is greater. Employers will have no obligation to pay out unused prenatal leave to an employee upon their termination or resignation from employment.
This amended prenatal leave law is among other recent developments to strengthen protections for pregnant mothers in the New York State workforce. Earlier this year, we covered another New York State labor law that requires employers to provide paid lactation breaks to employees. Additionally, a statewide ballot proposal to amend the New York State Constitution recently passed in the November 2024 election. Now, the state’s Constitution protects against discrimination on the basis of pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, among other protections.
Employers looking to comply with these new requirements and employees looking to take leave through this program should consult the factsheet issued by New York State, and can reach out to the team at Berke-Weiss Law with any questions.
