On January 1, 2025, New York State (NYS) became the first in the country to provide paid time off for prenatal care or any other medical care related to pregnancy. On July 2, 2025, the New York City (NYC) Department of Consumer and Worker Protections (DWCP) incorporated the Paid Prenatal Leave Law into the NYC Earned Safe and Sick Time Act (ESSTA). The change expands the paid prenatal leave requirements to all private, non-profit, and household NYC employers.
Paid Prenatal Leave Law
Governor Hochul’s Paid Parental Leave Law provides private-sector employees with an additional 20 hours of paid leave per year for prenatal healthcare during their pregnancy or related to their pregnancy. All private sector employees are covered, regardless of part time status and employer size. However, paid prenatal leave only applies to the employee directly receiving the health care.
This is considered a separate employee benefit from NYS Sick Leave. NYS FAQ clarifies that prenatal health care appointments may be covered by NYS Sick Leave, Paid Prenatal Leave, or an existing employer’s leave policy. Employees are entitled to use whatever leave is available and their employer cannot make them use a certain type of leave. Furthermore, employers may not ask their employees to disclose information about their health condition nor require any medical records as a perquisite to receiving leave.
The 20 hours of paid prenatal leave is to be used within a 52-week period triggered on first time usage. The 20 hours does not have to be accrued as the employee is automatically entitled to it. Leave must be taken hourly, and employees must be paid at their regular rate.
What health care services are covered?
Paid Prenatal leave covers health care services received during an employee’s pregnancy or related to such pregnancy. This includes physical exams, medical procedures, monitoring, health care discussions, fertility treatment including IVF, and end of pregnancy care appointments. Postpartum appointments are not included.
New requirements Under NYC ESSTA
On July 2, NYC DWCP amended ESSTA to include new requirements on paid prenatal leave. The requirements apply to all private, non-profit, and household NYC employers.
Generally, ESSTA requires employers to provide up to 40 or 56 hours (depending on the employer’s size) of safe and sick leave per year. Now, to bring the NYC rules more in line with NYS, NYC employers must provide an additional 20 hours of paid prenatal leave. The NYC rule is the same as the State rule but goes further in three ways.
- During each pay period that an employee uses paid prenatal leave the employer must inform the employee of the amount of paid prenatal leave used, and the total remaining hours available within that 52-week period.
- Employers must update their written policies to include details on paid prenatal leave and the accompanying entitlements. These policies must be given to employees upon hire. Furthermore, the paid prenatal leave policies must be located in the same document or location as details on safe and sick leave.
- Lastly employers must provide employees with an updated notice of rights containing information on paid prenatal leave.
To ensure compliance, NYC employers should check their sick and safe leave policies, ensuring they have incorporated paid prenatal leave. Pay roll practices should be revised to include the usage requirements listed above. Lastly, employers must post an updated notice of employee rights.
Brody and Associates regularly advises management on compliance with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
