Got questions about New York’s paid prenatal leave? FAQs to gear up by January 1

The New York Labor Department recently published some FAQs about the state's prenatal leave law, just in time for the January 1, 2025, effective date. Some of the FAQs are as follows.

Who is covered by the paid prenatal leave law?

All employees who work for private-sector employers are covered. Private-sector employers include persons, corporations, limited liability companies, or associations employing any individual in any occupation, industry, trade, business, or service, regardless of part-time status and overtime exempt status.

Do employees accrue paid prenatal leave?

No, all employees automatically have 20 hours of paid prenatal leave. All employees will be entitled to 20 hours of paid prenatal leave per year after January 1, 2025.

How does paid prenatal leave relate to NYS Sick Leave?

Paid prenatal leave is a separate employee benefit from NYS Sick Leave (paid or unpaid). Prenatal health care appointments may be covered by NYS Sick Leave, paid prenatal leave, or an existing employer's leave policy. An employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using paid prenatal leave. Paid prenatal leave is a stand-alone benefit available to employees seeking prenatal health care services.

For what reasons may employees take the leave?

Employees may take leave for health care services received during their pregnancy or related to the pregnancy. This includes physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. It also includes fertility treatments or care appointments, as well as in vitro fertilization and end-of-pregnancy care appointments. It does not, however, apply to post-natal or postpartum appointments.

May employers require employees to submit medical records or documents supporting the leave?

No, employers may not ask employees to disclose confidential information about their health condition(s) when requesting paid prenatal leave. Employees should request time off like any other time off by using existing notification/request procedures within their workplaces.

Do employers have to pay out this benefit if employees don't use it?

No, if an employee separates from the employer, then the employer has no obligation to pay the employee for unused prenatal leave hours.

Do employers have to identify/classify paid prenatal leave differently on paystubs or in leave accrual banks?

While the law does not specifically require recordkeeping on paystubs, it is a best practice to maintain clear records of available types of leave and the amounts accrued and used for each employee. These records should be accessible to both the employer and the employee.

What if an employee becomes pregnant more than once in a 52-week period?

Employees may use paid prenatal leave on more than one pregnancy per year, but only 20 hours are available in a 52-week period. Any paid prenatal leave hours remaining from the first pregnancy may be used during the second pregnancy if the second pregnancy is within the same 52-week period.