Effective July 2, 2025, employers in New York City must be in compliance with significant updates to the Earned Safe and Sick Time Act (ESSTA). These changes integrate the New York State Paid Prenatal Leave Law, which became effective on January 1, 2025, by mandating employers to provide 20 hours of paid prenatal leave per 52-week period, in addition to sick and safe leave.
Key Changes
Key highlights of amendments include:
- Separate 20-Hour Prenatal Leave Bank. Employers are now required to maintain a distinct 20-hour prenatal leave entitlement for each rolling 52-week period, separate from the standard 40–56 hours of sick and safe time.
- Hourly Use and Minimum Increments. Prenatal leave is available for immediate use. Employers have the option to adopt a 1-hour minimum increment for this leave, aligning with state standards.
- Written Prenatal Leave Policy. Employers must update their written ESSTA policies to include provisions for paid prenatal leave entitlements, or create a standalone policy on the paid prenatal leave. These policies should clearly outline:
- The separate 20-hour bank.
- Use procedures, increments, and notice requirements.
- Documentation policy, explicitly stating the absence of medical detail disclosure.
- Confidentiality provisions.
- Disciplinary consequences for misuse.
- Employers must distribute their written safe and sick time and paid prenatal leave policies to employees personally upon hire and within 14 days of the effective date of any policy changes. This means all NYC employers have an obligation to modify their current policy and reissue the revised policy to current employees. The policy must also be distributed upon an employee’s request.
Of note, while the ESSTA rules recognize a distinct 20-hour paid prenatal leave entitlement, this does not mean employees are entitled to 20 hours under both state and local law separately. Rather, compliance with the ESSTA’s prenatal leave provisions will satisfy the requirements of the New York State Paid Prenatal Leave Law.
- Advance Notice & Documentation. While employers may request “reasonable notice” for foreseeable absences (up to 7 days in advance), no penalties can be imposed if an employee takes immediate, unforeseeable leave. For absences exceeding three (3) consecutive workdays, employers may require reasonable documentation (e.g., from a healthcare provider) for both such and safe leave and prenatal leave.
- Employee Notice of Rights. The Department of Consumer and Worker Protection (DCWP) has issued an updated Notice of Employee Rights that now includes paid prenatal leave. This updated notice must be provided to new hires and to current employees when rights change, as is the case here. Employers must also maintain a record of receipt by the employee. The notice must be posted in a prominent location. All NYC employers are obligated to modify the notice required for new hires and reissue this updated notice to current employees.
- Payroll Reporting Requirement. For each pay period in which an employee uses prenatal leave, the following information must be clearly documented on pay stubs or other documentation provided to the employee, such as a pay statement:
- The amount of paid prenatal leave used during the pay period; and
- Total balance of remaining paid prenatal leave available for use in the 52-week period.
- Under updated agency frequently asked questions (FAQs), this information can be provided by an electronic system in certain instances.
- Recordkeeping Enhancements. Employers are mandated to maintain concurrent records. These records must accurately show each instance of prenatal leave use (date, time, hours, payment, and balance). All other ESSTA-required data must also be meticulously kept.
Next Steps for Employers
To maintain compliance with the amended Earned Safe and Sick Time Act (ESSTA) and New York State’s prenatal leave requirements, employers should take several key steps.
Begin by reviewing how the amended ESSTA provisions intersect with the state’s new paid prenatal leave entitlement. Employers should evaluate any available administrative guidance and develop a coordinated compliance strategy where both laws apply. Consulting the published FAQs is recommended for clarification on areas of overlap.
Policies should be revised to include a standalone 20-hour prenatal leave bank within the broader ESSTA framework. Updated documentation must be distributed to all current employees and new hires within 14 days of the effective date and made available upon request.
Payroll and HRIS systems should be updated to accurately track and display prenatal leave usage and balances on paystubs or through electronic systems, as permitted. Recordkeeping procedures must also be reviewed to ensure accurate documentation of all prenatal leave activity.
Employers should provide training for managers, human resources personnel, and employees on the new requirements. Training should address eligibility, notice procedures, confidentiality obligations, and any applicable reimbursement processes.
Finally, the updated Notice of Employee Rights, which now includes information on prenatal leave, must be distributed to all employees and prominently posted in the workplace.
