New York State Requires Paid Prenatal Leave

New York's Fiscal Year 2025 executive budget expands Labor Law § 196-b to require all New York employers to provide 20 hours of paid prenatal personal leave to eligible employees beginning on Jan. 1, 2025.

Note: The required paid prenatal leave is in addition to existing paid sick leave requirements.

Covered leave

New York employers must provide eligible employees 20 hours of paid prenatal personal leave in a 52-week calendar period for the following healthcare services during an employee's pregnancy or related to the pregnancy:

• To attend physical examinations;
• Medical procedures;
• For monitoring and testing; or
• For discussions with a healthcare provider.
  
  

Employees may take paid prenatal personal leave in hourly increments.

Pay requirements

Employers must pay employees at their regular rate of pay or the applicable minimum wage (whichever is greater). The benefits for paid prenatal personal leave must be paid in hourly installments.

Note: Employers are not required to pay an employee for unused paid prenatal leave upon the employee's termination, resignation, retirement, or other separation from employment.

Next Steps

• Review paid leave policies and procedures.
• Ensure compliance with the law by Jan. 1, 2025.
• Train supervisors on how to respond to leave requests.