Summary: As we previously reported here, New York will become the first state in the nation to require employers to provide paid prenatal leave for their employees working in New York, starting January 1, 2025.
The New York State Department of Labor recently published FAQs (accessed here) with additional guidance for employers as they prepare for the upcoming effective date of January 1, 2025.
Read on for the key highlights of the New York paid prenatal leave law requirements and employer next steps.
New York Paid Prenatal Leave Background
As we previously reported here, New York Governor Kathy Hochul signed legislation amending the New York State Sick Leave law by mandating employers with employees working in New York State to provide employees with 20 hours of paid prenatal leave (NY PPL) during any 52-week period.
With this new legislation, New York becomes the first state in the nation to require employers to provide paid prenatal leave for their employees.
The New York State Department of Labor (NYS DOL) recently published FAQs (accessed here) with additional guidance for employers as they prepare for the upcoming effective date of January 1, 2025.
NY PPL Highlights
Eligible Employees: All employees, including part-time employees, working for private-sector employers in New York State, regardless of employer size, are eligible for NY PPL.
Covered Uses: NY PPL time is used for the health care services received by employees during their pregnancy or related to such pregnancy, including:
- physical examinations,
- medical procedures,
- monitoring and testing,
- fertility treatment or care appointments, including in vitro fertilization,
- end-of-pregnancy care appointments, and
- discussions with a health care provider related to the pregnancy.
NOTE: NY PPL does not apply to post-natal or postpartum appointments.
Additionally, NY PPL may only be used by the employee directly receiving prenatal health care services, and not the employee’s spouse or partner. An employee may not use NY PPL to attend prenatal appointments with a pregnant individual.
Use Increments: NY PPL time may be used in hourly increments.
NY PPL Benefit Year: The FAQs confirm that the first time an employee uses NY PPL time begins the 52-week period for that employee. For example, the triggering date is the date that the leave is first recorded on an employee’s timesheet.
NY PPL time may be used throughout a 52-week period until the designated 20 hours are exhausted.
NOTE: An employee may use NY PPL time on more than one pregnancy per year, but only 20 hours are available in a 52-week period.
Any NY PPL hours remaining from the first pregnancy may be used during the second pregnancy if a second pregnancy occurs within the same 52-week period.
No Accrual or Waiting Period: Employers are not permitted to impose a waiting period before employees may use NY PPL time. Additionally, the full 20 hours of NY PPL must be made available to employees on January 1, 2025, since employees do not accrue NY PPL time.
Rate of Pay: Employees must be paid their normal rate of pay or the applicable minimum wage rate, whichever is greater, when taking NY PPL time.
Interaction with Other Paid Leave: NY PPL time is a separate bank of time from the other New York State leave laws, in addition to applicable employer leave policies.
NY PPL time will be provided in addition to, and may be taken separately from, the statutory New York Paid Sick Leave requirements that employers are required to provide to employees.
An employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using NY PPL time.
Notification & Confidentiality: The FAQs encourage employees to give employers advanced notice of their NY PPL time requests and also encourage employers to communicate how to request NY PPL time to their employees.
Employers are prohibited from requiring the disclosure of confidential information about their health condition(s) relating to an employee’s use of NY PPL time.
Pay Stubs: While NY PPL does not specifically require recordkeeping on paystubs, the FAQs clarify that employers are advised, as a best practice, to maintain clear records of available types of leave and amounts of types of leave used in a manner accessible to both the employer and employee.
Payout Upon Termination: Employers are not required to pay out unused NY PPL hours upon an employee’s termination of employment.
Retaliation & Reinstatement: Employers are prohibited from retaliating against employees for requesting and/or taking NY PPFL time. Employees must be reinstated to their position with the same pay and other terms and conditions of employment that they had prior to taking NY PPL time.
Retaliation Examples: The FAQs provide the following examples of retaliation against employees for requesting/taking NY PPL time:
- Employers reducing other leave options like NYS Paid Sick Leave when the employee uses NY PPL
- Employers changing work locations or hours after a NY PPL request is made
Employer Next Steps
As the January 1, 2025 effective date for NY PPL quickly approaches, employers with employees working in New York State are advised to consult with their employment and labor counsel to:
- Update leave policies, procedures, and attendance systems, as appropriate, to reflect these new NY PPL requirements,
- Train Human Resources team members and other employees who manage employee leaves on these new NY PPL requirements, and
- Monitor the NYS DOL webpage here for additional rules and guidance relating to NY PPL.
Reminder: Other Recent New York Paid Leave Developments
- New York Paid Lactation Breaks:
Effective June 19, 2024, employers must provide 30 minutes of paid break time for employees to express breast milk for their nursing child each time they reasonably need to—for up to three years following the birth of the child.
- New York State COVID-19 Sick Leave Expiration:
The New York State COVID-19 sick leave legislation, enacted in 2020, requires employers to provide paid sick leave and other benefits for employees that are under a mandatory or precautionary order of quarantine or isolation due to COVID-19. This legislation will expire on July 31, 2025.
Click here for more information on both New York paid leave developments outlined above.
Contact your Risk Strategies account team with any questions or contact us directly here.
