As of January 1, 2025, NYS Prenatal Paid Leave Law is officially in effect. Employers must now provide 20 hours of paid leave for prenatal care to all eligible employees. This law ensures that expectant employees can attend medical appointments, screenings, fertility treatments, and other essential prenatal health services without using their paid sick leave or PTO.
With this law now active, New York businesses need to understand who qualifies, how leave can be used, and what steps are necessary for compliance.
The law applies to all private-sector employees in New York, with no exemptions based on:
However, this law applies only to the employee receiving prenatal medical care. Spouses, partners, or support persons are not covered.
Understanding the key aspects of the law will help employers implement it properly:
Employees may use their 20 hours of paid prenatal leave for a variety of pregnancy-related medical services, including:
✔ Routine checkups, ultrasounds, blood tests, and screenings
✔ Prenatal care consultations with doctors, midwives, or specialists
✔ Monitoring of high-risk pregnancies or other pregnancy-related health conditions
✔ Fertility treatments, including in vitro fertilization (IVF) and similar procedures
This ensures that employees have access to necessary medical care without financial strain or fear of losing paid work hours.
Yes, businesses may choose to offer additional prenatal leave if they wish. However, the legal minimum is 20 hours.
No, any unused prenatal leave does not roll over or require payout when an employee leaves the company.
Employees receive 20 hours per 52-week period, even if they experience multiple pregnancies during that timeframe.
Employers must compensate employees at their regular rate of pay or the state’s minimum wage, whichever is higher.
With the NYS Prenatal Paid Leave Law now in effect, employers should take the following steps to ensure compliance:
Employers should revise existing leave policies to reflect this new requirement. Clearly outline that prenatal leave is separate from PTO and sick leave.
Since employers cannot require medical documentation, HR teams and managers should be educated on the proper procedures for approving prenatal leave requests without violating employee privacy.
To remain compliant, businesses must ensure that payroll systems reflect prenatal leave hours separately from sick leave or PTO.
Many employees may be unaware of their new prenatal leave rights. Employers should send company-wide emails, update internal portals, and host HR info sessions to ensure employees understand this benefit.
Failing to implement the NYS Prenatal Paid Leave Law correctly could result in legal risks, employee grievances, and potential penalties. Employers should act proactively to ensure smooth adoption of this policy, helping both their business and employees navigate the change successfully.
Understanding new labor laws can be challenging, but Bene-Care is here to help. Our team provides expert HR, payroll, and compliance support to ensure businesses stay compliant with New York’s latest labor regulations.
Give us a call at (585) 347-1300 to discuss how we can support your business!
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