New York State issues guidance concerning Paid Prenatal Leave Law

Beginning on January 1, 2025, New York State’s amended Paid Sick Leave Law will require employers to provide New York employees with up to 20 hours of paid leave every year for “prenatal personal leave,” which is defined as “leave taken for the health care services received by an employee during their pregnancy or related to such pregnancy.”

The New York State Department of Labor recently issued informal guidance for employers concerning paid prenatal personal leave. We summarize below some of the key issues the guidance addressed.

Who is covered under paid prenatal personal leave?

The new paid prenatal personal leave obligation will apply to all private-sector employees in New York State, even those who are part-time or temporary.

However, the guidance provides that the leave will be available only to an employee who is directly receiving pregnancy-related care. Paid prenatal personal leave cannot be used, for example, by a spouse who wishes to attend an appointment with their pregnant partner.

Reasons for taking paid prenatal personal leave

Employees may use paid prenatal personal leave for the purpose of receiving healthcare services during their pregnancy or related to their pregnancy. This includes physical exams, medical procedures, monitoring, testing, and discussions with healthcare providers related to their pregnancy.