New York Department of Labor Issues Guidance Regarding Paid Prenatal Leave, Taking Effect January 1

New York Department of Labor Issues Guidance Regarding Paid Prenatal Leave, Taking Effect January 1.

Beginning on January 1, 2025, employers in New York State will be required to provide employees with 20 hours of paid “prenatal personal leave” during any 52-week calendar period to attend prenatal medical appointments during or related to pregnancy. The New York State Department of Labor recently issued Frequently Asked Questions which fill in many of the amendment’s gaps and answer several of the questions raised in our prior alert. 

By way of reminder, Paid Prenatal Leave Law is an amendment to New York Labor Law Section 196-b, and provides employees with paid leave time each year to be used for prenatal healthcare service appointments during their pregnancy or related to their pregnancy. The NYDOL FAQs provide additional information not addressed in the amendment, including the following:

• Interplay with other types of leave policies. Employees are entitled to 20 hours of Paid Prenatal Leave in addition to any other available leave option, including the New York State Sick Leave Law, and any existing leave policies. Employers cannot require that an employee use a certain type of leave if more than one option is available.
• Leave for spouses/partners of pregnant person. Paid Prenatal Leave may only be used by the employee directly receiving prenatal health care services; spouses, partners, or other support persons cannot use Paid Prenatal Leave to attend appointments with the pregnant person.
• Accrual/Carry-Over. Effective January 1, 2025, all employees are automatically granted 20 hours of Paid Prenatal Leave immediately at the start of their employment. The 52-week period to use such leave begins the first time that the employee uses Paid Prenatal Leave. Only 20 hours are available in a 52-week period; such leave may not be carried over from year to year. Employers are not required to pay an employee for unused Paid Prenatal Leave.
• Documentation/Requests for Leave. Employers cannot ask employees to disclose confidential information or documentation/medical records about their health condition(s) as a condition of requesting to use Paid Prenatal Leave. Employers should therefore be careful to avoid asking for details about an employee’s appointments. Employers should, however, require that employees request time off in the same way they would request time off for any other reason, by using existing request procedures.
• The FAQs clarify that the law does not specifically require recordkeeping for Paid Prenatal Leave on paystubs; however, the NYDOL encourages employers, as “a best practice,” to maintain clear records of available types of leave and amounts of types of leave as a matter of best practice.
• Employees Requesting Over 20 Hours of Leave. An employer is not required to provide more than 20 hours of Paid Prenatal Leave, though they can do so if they wish. If an employee requests more than the allotted 20 hours, employees may have additional options for leave under other laws (i.e., the Pregnancy Workers Fairness Act, New York State Sick Leave).
• While the amendment provides examples of covered health care services, the FAQs clarify that the law also applies to fertility treatment or care appointments (including IVF), and end-of-pregnancy care appointments. Paid Prenatal Leave does not, however, apply to post-natal or postpartum appointments.

New York-based employers should review and update their current leave policies as soon as possible to comply with the amendment, given the pending January 1, 2025 deadline.