Starting January 1, 2025, New York State will implement the Paid Prenatal Leave Law (NYS Labor Law Section 196-b), which mandates private-sector employers to provide employees with 20 hours of Paid Prenatal Leave annually. This progressive legislation supports expectant parents by ensuring time for critical prenatal health care while preserving job security. Here’s a detailed breakdown of the law’s key provisions and what it means for employees and employers alike.

Overview of the Law

Under this law, all private-sector employees in New York State—including part-time and overtime-exempt workers—are entitled to 20 hours of Paid Prenatal Leave each year. The leave is designed to facilitate access to essential prenatal health care services, with no minimum work requirement for eligibility. Employees become entitled to these benefits as soon as they begin working for a private-sector employer.

Covered Prenatal Health Care Services

Paid Prenatal Leave can be used for various pregnancy-related health care appointments, including:

• Physical examinations
• Medical procedures
• Monitoring and testing
• Discussions with health care providers to ensure a healthy pregnancy
• End-of-pregnancy care
• Fertility treatment

It is important to note that only the employee receiving prenatal care is eligible to use this leave. Partners, spouses, or other support persons attending prenatal appointments are not covered. Additionally, health care appointments after pregnancy do not qualify under this leave.

Separate and Stand-Alone Benefit

Paid Prenatal Leave operates independently of other leave policies such as New York State Sick Leave. Employers must provide this benefit in addition to other leave options. While employees may choose which leave type to use for prenatal appointments, employers cannot mandate the use of one type over another.

Flexibility and Accessibility

Hourly Increments: Employees can take Paid Prenatal Leave in hourly increments. For instance, if an appointment lasts one hour, the employee can return to work for the remainder of their shift.

Annual Reset: Unused Paid Prenatal Leave hours do not roll over to the following year. Employees are entitled to 20 new hours of leave annually, measured within a rolling 52-week period starting from the first use of leave.

Notification and Recordkeeping

Employees should follow their workplace’s established time-off notification procedures to request Paid Prenatal Leave. Employers are encouraged to communicate these procedures clearly to ensure smooth implementation. Although the law does not require employers to track leave usage on pay stubs, maintaining accurate and accessible records of leave balances is considered a best practice.

Compensation

Employees using Paid Prenatal Leave must be compensated at their regular rate of pay or the applicable minimum wage for their occupation, whichever is higher. Employers are not obligated to pay for unused leave if an employee leaves the company without using their full entitlement.

Privacy Protections

To safeguard employees’ rights, the law prohibits employers from:

• Requesting personal or confidential medical information as a condition for granting leave
• Requiring employees to submit medical records related to their prenatal visits

Implementation Timeline

Paid Prenatal Leave is calculated on a rolling 52-week basis. For example, if an employee first uses the leave on June 1, 2025, they are entitled to 20 hours between June 1, 2025, and May 31, 2026. The next 52-week period begins when the leave is used again after May 31, 2026.

Employer Obligations

Employers must:

• Update workplace policies to include Paid Prenatal Leave
• Ensure all employees understand their rights and the process for accessing leave
• Allow employees to use Paid Prenatal Leave without discrimination or penalty

Conclusion

The New York State Paid Prenatal Leave Law represents a significant step toward supporting family health and work-life balance. By providing dedicated paid time off for prenatal care, this law promotes healthier pregnancies and alleviates stress for expectant parents. Employers and employees alike should prepare for this change to ensure a smooth transition into the new year.