New Year, New Leave: New York's Groundbreaking Paid Prenatal Leave Law Takes Effect in 2025

This article is from The National Law Review: https://ow.ly/12gf50UBuKP As of January 1, 2025, New York State has ushered in a first-of-its-kind paid prenatal leave law, adding a new layer of protection and support for pregnant employees in the workplace. Signed into law by Governor Kathy Hochul in May 2024, this new legislation marks a major step toward improving maternal and fetal health and underscores New York’s ongoing leadership in employee rights and workplace equity.

Employers across the state—large and small—must now act quickly to update leave policies and understand the practical implications of this new mandate.

What the Law Requires

The law, embedded in New York Labor Law Sections 196-b.2 and 4-a, requires all private-sector employers, regardless of size, to provide:

• 20 hours of paid prenatal leave per 52-week period

• Leave that is separate from and in addition to other forms of paid leave, such as New York State Paid Sick Leave

• Leave that is immediately available upon employment, without any waiting or accrual period

The law allows leave to be used for health care services directly related to pregnancy, including:

• Physical examinations

• Prenatal testing and monitoring

• Fertility treatments

• Consultations with medical providers

• End-of-pregnancy care

Notably, the leave cannot be used for postpartum care or by non-pregnant partners or family members.

Key Compliance Guidelines for Employers

The New York State Department of Labor (DOL) has released a helpful set of Frequently Asked Questions (FAQs) to clarify employer obligations. Here are some critical takeaways:

✅ Applies to All Private Employers

Even businesses with just one New York-based employee must comply.

✅ Applies to All Employees

Both full-time and part-time employees are eligible immediately upon hire.

✅ Leave Must Be Standalone

Paid prenatal leave must be offered separately from sick leave, family leave, or other policies. Employers cannot require employees to exhaust other leave balances first.

✅ Use in Hourly Increments

Leave must be tracked and taken in hourly units, not full or half days.

✅ No Documentation Requirement

Employers may not require medical documentation or personal health disclosures to validate the use of prenatal leave.

What Employers Cannot Do

• Require employees to use other accrued leave before taking prenatal leave

• Ask for confidential or detailed medical documentation

• Extend prenatal leave benefits to non-pregnant partners or family members under this specific law

• Limit leave use to only certain types of appointments (as long as it's prenatal care)

  
  

Record-Keeping Considerations

While the law and guidance do not specify exact record-keeping protocols, employers are advised to:

• Maintain clear and accurate records of prenatal leave usage

• Track who took the leave, when, and for how long

• Maintain this data in the same manner as other leave compliance tracking, in case of future audits or disputes

  
  

Next Steps for Employers

To ensure compliance, New York employers should:

1. Review and revise leave policies to add a clearly defined standalone prenatal leave policy

2. Train HR staff and managers on the specifics of the new law and how to handle requests

3. Update employee handbooks and onboarding materials

4. Monitor ongoing guidance from the New York DOL for future clarifications

   
   

Final Thoughts

New York's paid prenatal leave law is the first of its kind in the nation, and it sends a clear message: supporting pregnancy is a workplace priority. Employers must not only comply with the legal requirements but also recognize this policy as a way to foster a healthier, more inclusive, and equitable work environment.