New York State is the first state ever to mandate paid prenatal leave entitlement.  Beginning January 1, 2025, New York State employers will be required to provide up to 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures.   The leave is in addition to employees’ existing paid sick leave. 

Paid prenatal personal leave may be taken in hourly increments and must be paid at the employee’s regular rate of pay, or the applicable minimum wage under New York State law, whichever is greater.  In addition, the benefits must be paid in hourly installments.  Any unused paid prenatal personal leave need not be paid out upon an employee’s termination, resignation, or separation from employment.  The new legislation does not limit the number of times paid prenatal leave can be taken by a single employee during their employment.

Paid prenatal personal leave can be used by pregnant employees for health care services 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 pregnancy.  Notably, the paid prenatal personal leave is part of New York’s paid sick leave program, which is separate from New York State Paid Family Leave. 

It is likely the State will issue additional guidance on the new legislation before it becomes effective, and we will continue to monitor any updates regarding same.  In the meantime, employers should prepare for the new law by updating their policies to reflect the new prenatal leave benefit. 

Should you have any questions, please contact Ali Law Group.

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

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