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NYS Paid Prenatal Leave December 2024

Posted by [email protected] on 12/04/2024 12:00 am  

As we say goodbye to 2024, rounding out open enrollment, planning compensation adjustments, and juggling holiday parties and social commitments, a new compliance obligation awaits in the new year.

Because of a recent amendment to New York State Labor Law (§196-b[4-a]), effective January 1, 2025, all private employers regardless of size must provide employees with twenty hours of paid prenatal leave annually. Employees may take the leave for healthcare services during or related to pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a healthcare provider. The leave is to be taken in one-hour increments and is to be paid at the employee’s regular rate of pay or the minimum wage, whichever is higher. Unused prenatal leave does not have value upon separation from employment and need not be paid out.

The state recently issued FAQs, available here. The FAQs provide clarification, including the following:

  • All employees in the private sector are covered by the law including part-time and exempt employees.
  • Only the employee directly receiving the prenatal healthcare services can take the leave.
  • The leave is not accrued and must be granted to an employee regardless of how long the individual has been employed.
  • The law applies to fertility treatment and end-of-pregnancy care appointments, but does not apply to post-natal or postpartum appointments.
  • Employees are not required to submit medical documentation and employers cannot request confidential health information.
  • The leave is calculated per 52-week period and is measured from the date the first prenatal leave time is taken.

This information is provided courtesy of our Government Affairs Committee. It is intended for informational purposes only, not to serve as guidance or professional counsel. Additional information, including further employer guidance is available on state’s prenatal leave webpage. Should need further guidance, CRHRA recommends you reach out to your employment attorney.

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