NYC Has Issued Guidelines For Use of New York State’s Prenatal Leave Law
Previously Berke-Weiss Law reported that effective January 1, 2025, private employers in New York State would be required to provide pregnant employees with at least 20 hours of paid prenatal leave per year. Now, effective July 2, 2025, New York City implemented new guidelines clarifying how pregnant employees can access this first-in-the-nation paid prenatal leave entitlement.
All NYC Private Sector Employees Are Covered
The Paid Prenatal Leave Law (PPLL) covers private sector employers and allows pregnant New Yorkers to receive an additional 20 hours of paid sick leave for prenatal care in addition to their existing sick leave, to attend doctors’ appointments during pregnancy without putting their employment at risk. It is not tied to a minimum work requirement or start date or calendar year. All private sector employees in New York City, including those who are part-time and overtime-exempt, are entitled to prenatal sick leave hours. New York City’s Department of Consumer and Worker Protection (DCWP) has expanded its mandate to monitor NYC’s Earned Safe and Sick Time Act (ESSTA), which requires covered employers to provide safe and sick leave, to also provide eligible employees with the prenatal sick leave hours afforded under the NYS statute.
According to the DCWP’s guidelines, all private employers, regardless of their size, must offer paid prenatal leave for their employees. Eligible employees are entitled to 20 hours within a 52-week period. This is a stand-alone benefit; the 20-hour allowance is a separate bank of hours from sick leave. This leave is only available for the pregnant person, and covers physical exams, medical procedures, monitoring, testing, end of pregnancy care, and fertility treatment. Notably, employers cannot force their employees to use sick leave hours instead of prenatal hours.
Employees do not need to give their employer any personal or confidential information about their health or the nature of their prenatal appointment to use Paid Prenatal Leave, and an employer cannot ask them for it. Employees also do not have to submit medical records to use this benefit. Employees may take this time on an hourly basis.
Retaliation and Discrimination Prohibited
The DCWP guidelines remind employers that retaliation and discrimination against employees who use this prenatal leave is prohibited.
It is important for all employers and employees in New York State to remember that under the 2023 update of New York Labor Law §215, it is illegal to discriminate against employees for taking any kind of legally protected paid time off, including paid prenatal leave.
Need More Information?
New York City Employers looking to comply with these new guidelines can consult the DCWP website here and New York City employees looking to take leave through this program should consult the DCWP website here. You also can reach out to the team at Berke-Weiss Law with any questions.
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