New York employers are reminded that Governor Kathy Hochul signed New York’s Paid Prenatal Leave law into effect, providing all New York employees with an entitlement to paid prenatal leave (“PPL”). All New York state private-sector employers, regardless of size, must comply with the new PPL requirements by January 1, 2025.

Pursuant to the new law:

• Employees can use up to 20 hours of PPL in a 52-week period.
• Employees can use PPL for prenatal healthcare service appointments during their pregnancy or related to their pregnancy, including: physical examinations; medical procedures; monitoring and testing; and discussions with a health care provider related to the pregnancy. PPL cannot be used for post-natal or postpartum appointments.
• PPL can only be used by employees directly receiving prenatal health care and cannot be requested by spouses, partners, or other support persons.
• Employees must use PPL in minimum increments of 1 hour.
• Employees must be paid for PPL at the higher of the employee's regular rate of pay or the applicable minimum wage.
• PPL is a separate and additional benefit from other leaves, including paid sick leave.
• Employers cannot require employees to submit medical records/documents or share any details about the employee’s prenatal appointments.
• Discrimination, harassment, and retaliation for taking advantage of PPL are strictly prohibited.

As the January 1, 2025 effective date is fast approaching, New York employers should take steps to ensure they are prepared to comply with the new PPL requirements. 

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.