Spring and New York's New Paid Prenatal Leave Law

Spring is nearly here (no matter the prognostication of depressing furry marmot, Punxsutawney Phil).  That can only mean that the hearts of New York legislators turn to enacting new requirements for Empire State employers.  This year is no different with our gentle legislators delivering onto us a new section of the Labor Law requiring employees receive 20 hours of paid prenatal leave.

New York State Labor Law Section 196-b mandates that all private employers in New York, regardless of the number of staff they employ, must provide up to 20 hours of paid prenatal leave.  The law aims to ensure the job security of pregnant employees while they are attending to necessary health care appointments during pregnancy.  Paid prenatal leave is separate from any other form of paid leave entitlement which you may be required to, or voluntarily, provide.

What exactly are you required to do under the new law?  Let’s break it down.

What is Prenatal Leave?

Prenatal leave refers to the time off from work that an employee takes to attend medical appointments related to their pregnancy.  This includes visits to the doctor, routine health screenings, tests, physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.  It also covers fertility treatment or care appointments, such as in vitro fertilization and end-of-pregnancy care appointments.  In a refreshing and unexpected fit of common sense, the good folks in Albany didn’t cover post-natal or postpartum appointments under the new law. 

The Law’s Requirements

Amount, availability, and use of leave:  Empire State employers must provide employees who are pregnant with up to 20 hours of paid time off to attend prenatal appointments and receive related medical care.  Pregnant employees do not need to accrue this leave or work for any minimum time before using this leave.  On day one, your employees are eligible to take the full 20 hours of leave.

An employee may use up to 20 hours of paid leave during any 52-week period.  That period is measured from the first day an employee uses leave.  That is, the first time that an employee uses leave starts the 52-week period for that employee.  For example, if an employee takes leave for the first time on April 1, 2025, that employee is entitled to 20 total paid hours of leave between that date and March 31, 2026.

Employers may require that leave be taken only in full hourly increments and prohibit taking leave in smaller, or fractional, increments.

Leave may only be used by the employee directly receiving prenatal health care services.  Consequently, it is not available for spouses, partners, or other supporting an employee who is attending prenatal appointments using leave.

Employees may use leave for more than one pregnancy per calendar year.  However, no matter the number of pregnancies, she is only entitled to 20 hours in any 52-week period.  Any balance of leave remaining after a first pregnancy may be used during a second pregnancy if the second pregnancy is within the same 52-week period.

Requesting prenatal leave: Employees may be required to request leave in advance (and you should require that your employees provide you with such written notice).  Employers are barred from requiring employees to choose one leave type over another or to require an employee to exhaust one type of leave before using paid prenatal leave.  You may not ask or require an employee to provide any specifics including medical information, diagnosis, treatment sought, etc. regarding their need for leave beyond the actual request itself.

Odds and ends: While on paid prenatal leave, employers must pay employees either their regular rate of pay or the applicable minimum wage established under the Labor Law, whichever is greater (and that comes out of the employers pocket).  Additionally, you are required to maintain all benefits for your employees during any time they are out on leave on the same basis as if they had been working while on leave.

On the bright side, employers need not pay out any unused leave when an employee quits, is fired, or retires.  Given the employee-friendly bent of the Department of Labor, employers would do well to include specific statements in their leave policies or handbooks stating that upon separation, unused prenatal leave will not be paid out and will be forfeited.

You must keep confidential any request to use paid prenatal leave.  Of course, it goes without saying that employers are forbidden from retaliating against employees requesting or taking paid prenatal leave.  According to the Department of Labor, a few examples of illegal retaliation include reducing other leave options like NYS Sick Leave or POT when employees use paid prenatal leave, and changing work locations or hours after a leave request is made.  So avoid doing that sort of stuff, okay?

There you have it.  Even in the shadow of this new leave requirement, don’t be like Punxsutawney Phil, crawl inside, and try hibernating this away.  Update your policies and handbooks, be ready for that first leave request, and take heart.  Spring is just around the corner.

This article is intended to be used for informational purposes only.  Legal advice is neither implied by the author nor should it be inferred by the reader.  If you have specific legal questions, please consult with your attorney.

Jeffrey Sculley, who may be reached at jsculley@cmrlaw.com, is an attorney and counselor at law focusing his practice on providing backroom human resource and employment support to businesses and not-for-profits; representing commercial and residential landlords; appealing adverse trial-court and administrative decisions; counseling clients on logo and brand development and trademark protection; and representing clients in all types of administrative, regulatory and compliance matters, before governmental agencies and administrative hearing officers and law judges.