NYS Now Offers 20 Hours of Paid Prenatal Leave

Effective January 1, 2025, New York became the first state in the nation to require employers to provide 20 hours of paid prenatal leave per rolling 52‑week period. This leave is in addition to any existing NYS sick leave benefits.

All private-sector employees—whether full-time, part-time, exempt, or non-exempt—are eligible from their first day of employment. The leave can be used for prenatal medical appointments, including routine checkups, screenings, labs, physical therapy, mental health support, and other health services during pregnancy. Postnatal care is not covered under this law.

Employees can take prenatal leave in hourly increments, and they must be paid their regular rate of pay (or minimum wage, whichever is higher). There is no accrual period—the hours are available immediately and reset on a rolling 52-week basis.

Employers may not require medical documentation or details about the appointment to grant leave. They also cannot retaliate against employees for requesting or using prenatal leave. This is a standalone benefit—it cannot be combined with or counted against NYS Paid Sick Leave, Paid Family Leave, or FMLA. Employers also cannot require employees to use other accrued leave first.

To comply with the new law, employers should update employee handbooks and policies, train managers and HR teams on how to approve and track usage, ensure payroll systems are configured correctly, and track the 52-week period per employee. Establishing a clear, confidential process for requesting leave is also essential.

This law is designed to improve maternal health outcomes by removing a common barrier: access to time off for prenatal care. It helps ensure pregnant employees don’t have to choose between their paycheck and their health—while giving employers a framework to support them through one of life’s most significant milestones.

Learn more: Visit the New York State Department of Labor here.