On June 3, 2025, New York City enacted the amended Earned Safe and Sick Time Act (“ESSTA”) Rules that incorporate New York State’s paid prenatal leave requirements. The amendments will become effective on July 2, 2025.

With the new amendments in place, the ESSTA will more closely align with the New York State Paid Prenatal Leave Law, which took January 1, 2025. Both allow up to 20 hours of paid prenatal leave during any 52-week calendar period.  In addition, the New York State law and the ESSTA amended Rules provide that the paid prenatal leave benefit is in addition to paid sick leave under the laws (either 40 or 56 hours depending on employer size). 

According to the ESSTA amended Rules, New York City employers must maintain a written paid prenatal leave policy that addresses, at a minimum: (i) the availability of a separate bank of 20 hours of paid prenatal leave during any 52-week calendar period, (ii) minimum increment and advance notice requirements, (iii) discipline for employee misuse, and (iv) a statement that the employer will not ask the employee to provide details about the medical condition that led the employee to use prenatal leave and any information received by the employer will be kept confidential). The policy must be distributed to employees upon commencement of employment, within 14 days of the effective date of any policy changes, and upon request by the employee. 

Notably, the ESSTA amended Rules add a paid prenatal leave balance notification requirement for New York City employers.  Specifically, each pay period that an employee uses paid prenatal leave, the employer must inform the employee of the (a) amount of paid prenatal leave used during the relevant pay period and (b) total balance of paid prenatal leave available for use, either on the pay statement or other form of written documentation provided to the employee each pay period.  This requirement is not in the New York State law.

New York City employers should review their policies and practices to ensure compliance with the new amendments.  Should you have any questions, please contact Ali Law Group.

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