Starting January 1, 2025, private employers in New York State are required to provide up to 20 hours of paid prenatal leave to employees within any 52-week calendar period. This new law adds to existing leave entitlements like paid sick and safe leave and paid family leave.
Key Points for Employers
- Eligible Leave: Paid prenatal leave can be used for healthcare services related to pregnancy, including physical examinations, medical procedures, monitoring, testing, and consultations with healthcare providers.
- Leave Usage: Employees can take this leave in hourly increments.
- Payment: Employees will be paid at their regular rate of pay or the minimum wage, whichever is higher.
- FMLA Interaction: In some cases, paid prenatal leave may overlap with FMLA, especially if the leave is due to a serious health condition related to pregnancy.
- No Payout for Unused Leave: Employers are not required to pay out unused prenatal leave.
- Anti-Retaliation and Job Restoration: Employers must protect employees from retaliation and reinstate them to their original or equivalent position upon return from leave.
Next Steps
Additional guidance is expected from the state before the effective date. In the interim, employers should begin to review their leave policies and procedures and make plans to update them to comply with the new paid prenatal leave law.
Employers should also train HR and management staff on the new law, including eligibility, usage, and administration.
HR Works will continue to monitor this topic and provide updates as more information becomes available.
HR Works Can Help
For our clients subscribed to Virtual Helpline or Strategic Services, a policy template will be made available with the 2025 legal updates to assist with integrating the new paid prenatal leave requirements into your workplace policies.
