Starting January 1, 2025, all New York employers must offer up to 20 hours of paid prenatal personal leave to pregnant employees every 52 weeks. This leave is intended for healthcare services related to pregnancy, such as medical checkups, tests, procedures, and consultations with a healthcare provider.
This new benefit is in addition to the paid sick and safe leave that employers are already required to provide.
Key Points About Paid Prenatal Leave:
- Immediate Availability: Employees can use the full 20 hours right away; the leave does not accrue over time.
- No Waiting Period: Employees can start using the leave immediately after becoming eligible.
- Hourly Usage: The leave can be taken in hourly increments, based on the employee’s needs.
- Pay Rate: Leave is paid at the employee’s regular hourly rate or the applicable minimum wage, whichever is higher.
- Unused Leave: Employers are not required to pay out unused leave if the employee leaves the company.
Additional Guidance from the State of New York:
- Eligibility for New Employees: New employees are eligible for the full 20 hours of leave immediately, with no waiting period.
- Covered Services: The leave can be used for fertility treatments, in vitro fertilization, and prenatal care. However, it cannot be used for post-natal or postpartum appointments.
- Privacy Protection: Employees do not need to submit medical records or disclose health details to their employer when requesting leave. Employers cannot ask for confidential health information as a condition for using this leave.
- Leave Flexibility: Employees can choose which type of leave (if multiple options are available) to use for pregnancy-related healthcare services.
- 52-Week Period: The 52-week period for calculating an employee’s paid prenatal leave entitlement is unique to each employee, and the first time an employee uses paid prenatal leave begins the 52-week period for that employee.
For more detailed information, the State of New York has issued a FAQ document about this new law: Prenatal Leave FAQ.