The New York Department of Labor has issued guidance on the prenatal leave law that takes effect on January 1, 2025, in the form of frequently asked questions (FAQs). Key highlights of the guidance include clarification on the following:
- Counting the 52 Weeks. The 52 weeks for determining leave eligibility are measured forward from the date the employee first uses leave.
- Coverage for Other Individuals. Leave may only be used by the employee directly receiving prenatal health care services.
- Amount of Leave. The 20 hours must be frontloaded and not accrued.
- Use of Leave. Paid Prenatal Leave covers health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. Leave also applies to fertility treatment or care appointments, including in vitro fertilization and end-of-pregnancy care appointments. Leave will not apply to post-natal or postpartum appointments.
- Increments of Use. Paid leave must be used in increments of at least one hour.
- Use of Existing Leave. Paid Prenatal Leave must be a separate bank of time from other types of leave such as paid sick leave and paid time off (PTO).
- Notice of Need for Leave and Documentation. Employers cannot ask employees to disclose confidential information about their health condition(s) as a condition of requesting to use Paid Prenatal Leave. However, employees should request time off like any other time off by using existing notification/request procedures within their workplaces.
Additional Information
Additional information regarding this leave is available in this prior post from HR Works.
Next Steps
Employers should review the guidance in its’ entirety and 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 human resources 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.
