Paid Prenatal Personal Leave

New York employers should be aware of a new law coming in 2025 that provides additional paid time off for pregnant employees.

On January 1, 2025, New York will become the first state to require employers to provide eligible pregnant employees with 20 hours of paid time off during any 52-week period for prenatal leave. Prenatal leave is for “health care services” related to pregnancy including “physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.”

This law is an amendment to the New York Labor Law that provides for Paid Sick Leave. Prenatal leave must be available in addition to—and may be taken separately from—the current statutory sick leave benefits available to New York employees. Paid Sick Leave rights vary depending on the employer’s size and income. This law is also separate from New York Paid Family Leave.

Paid prenatal leave may be taken in hourly increments and benefits are to be paid in hourly installments. The leave does not need to be accrued before it is used and is instead immediately available to eligible employees.

Employers must pay employees for this leave at their regular rate of pay or minimum wage, whichever is greater. Employers do not have to pay employees for unused prenatal leave upon termination, resignation, retirement, or other separation from employment.

Employers cannot require the disclosure of confidential health information as a condition of providing paid prenatal personal leave. Employers also cannot discriminate or retaliate against employees who exercise their rights under the law by requesting or using such leave. Employees are legally entitled to return to the same position for the same pay after taking such leave.

The new law does not prohibit collective bargaining agreements that provide comparable or greater benefits to employees.

Employers should review their leave policies for 2025 to reflect additional paid leave for prenatal care. They should also alert managers, supervisors, and human resources personnel of the change to ensure proper compliance.