New York Releases FAQs on Paid Prenatal Leave Law

New York’s Paid Prenatal Leave Law goes into effect on January 1, 2025. In advance of this, the state has released a document answering Frequently Asked Questions (FAQs) about the law. As discussed in a previous post, the statute gives employees additional paid time off to obtain prenatal medical care. The FAQs provide much-needed guidance for employers on their obligations. Below, we discuss several significant issues that the FAQs address. 

How Much Paid Prenatal Leave Is an Employee Entitled to Receive?

Employees can receive up to 20 hours of paid leave within a 52-week period, which starts the first time an employee uses prenatal leave. 

The leave must be taken in hourly increments. It can be used for more than one pregnancy occurring within the 52 weeks, but no more than 20 hours is available within that period.

Employees are not precluded from taking paid leave under other laws and as provided by their employer in addition to leave available under the new law. 

Who Is Entitled to Receive Leave?

All private-sector employers must provide paid prenatal leave to employees regardless of the size of the employer’s business. 

Employees are entitled to paid leave from their first day of employment regardless of how long they have worked for the employer and whether they are full-time or part-time or exempt or non-exempt employees. 

Paid leave can only be used by the employee receiving prenatal care, not by spouses or partners of a pregnant individual.

Can Employees Take Additional Leave under Other Laws?

The 20 hours of prenatal leave are in addition to any other paid leave rights provided by other laws, such as New York’s paid sick leave law, and the employer’s voluntary paid leave policies. Therefore, even if employers voluntarily provide more than the required paid leave, employees are still entitled to an extra 20 hours of paid prenatal leave.

Importantly, employers cannot require employees to use one leave option over another or exhaust other leave before using their paid prenatal leave.

What Prenatal Care is Covered?

Health care services received during pregnancy or related to pregnancy are covered, including physical examinations, discussions with health care providers related to the pregnancy, medical procedures, monitoring and testing, fertility treatments, and end-of-pregnancy care appointments. Post-natal or postpartum appointments are not covered.

Can Employers Require a Doctor’s Note or Other Verification?

Employers cannot ask employees to disclose confidential information about their health conditions in order to obtain leave.

What Rate of Pay Applies for Paid Prenatal Leave?

Employees are entitled to be paid at their regular rate of pay, or the applicable minimum wage, whichever is greater.

What Steps Should Employers Take to Comply with the Law?

Employers must start providing leave under the law starting on January 1, 2025. Employment policies and procedures should be updated, and managers should be trained in their obligations towards employees prior to the effective date. 

Payroll systems and record keeping procedures may need to be updated as well. It is recommended that employers maintain clear records of how much leave has been taken under the different leave options. 

Finally, employers should continue to monitor any updates from New York State regarding additional FAQs, particularly prior to January 1, 2025.

Please feel free to contact any of our attorneys if you have questions about New York’s paid leave laws, including the new paid prenatal leave law.

NOTICE: Material provided on this website has been prepared by Kauff McGuire & Margolis LLP solely for general informational purposes, and it is not intended to and does not constitute legal advice. Material provided on the website is not privileged and does not create an attorney-client relationship with the Firm or any of its lawyers.