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November 21, 2024
Update: New York State recently published Frequently Asked Questions (FAQs) to assist employees and employers with understanding the Paid Prenatal Leave Law, which goes into effect on January 1, 2025.
Effective January 1, 2025, New York will become the first state in the U.S. to implement paid prenatal leave of up to 20 hours for employees to obtain healthcare during pregnancy or related to pregnancy. Employees may take leave for physical examinations, monitoring, testing, and medical procedures, among other things.
The 20 hours of prenatal leave – which is required of all New York employers, regardless of size – is in addition to other leave of absence accruals, including sick leave (40 or 56 hours, paid or unpaid, depending on the size and revenue of the employer) that New York employers are required to provide to employees for their own care, the care of certain family members, or for certain safety issues.
The law prohibits employers from discriminating or retaliating against employees because they requested or utilized prenatal leave. The law also requires employers to restore employees who use prenatal leave to the same position they held prior to their leave.
This law is yet another step toward supporting pregnant and postpartum employees in New York. See our article here about another New York law that became effective in June 2024 requiring employers – regardless of size – to provide 30-minute paid breaks for employees each time they have a need to express breast milk at work for up to three years following their child’s birth.
New York Employers: Review and update your existing leave and break policies to ensure compliance with the new requirements.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New York, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
