Prenatal Leave in NYS According to Labor and Employment Law Attorneys
New York employers, take note. A significant change is coming in 2025 regarding employee leave. New York is the first state in the nation to require employers to provide paid prenatal leave for pregnant workers. While the major points of this legislation are straightforward, the State’s lack of guidance on finer points, like recordkeeping, has the potential to create pitfalls for employers. Because the law becomes affective January 1, 2025, managers should consult a labor and employment law attorney for compliance strategies in the absence of such guidance.
Background: NYS Paid Prenatal Leave
Governor Kathy Hochul signed legislation in April 2024 expanding the New York Paid Family Leave Law (NY PFL) to include 20 hours of paid leave for prenatal doctor appointments within a 52-week calendar period.
The new law is separate from existing sick leave and safe leave provisions. Employees can use this new benefit for a variety of pregnancy-related healthcare services, including:
- Physical examinations
- Medical procedures
- Monitoring and testing
- Discussions with healthcare providers
Key Considerations for Employers
- Eligibility: All pregnant employees, regardless of length of service, are entitled to NYS’ paid prenatal leave benefit.
- Leave Usage: The 20 hours can be used in hourly increments and is paid out in the same manner.
- Employee Rights: Employers cannot retaliate against employees for using prenatal leave. Upon return, they must be restored to their previous position with the same terms and conditions of employment. Unused leave does not need to be paid out at the end of employment.
Current Unknowns and Recommendations
NYS’ paid prenatal law remains silent on some crucial details for employers. Proactive managers will do well to consult with legal counsel and strategize on compliance in the absence of clarification regarding:
- Recordkeeping Requirements: There are currently no regulations on how employers must track this leave.
- Notice Requirements: It’s unclear if employers need to provide specific notification regarding this benefit.
- Poster Requirements: As of this time, no official posters have mandated.
- Timing of Guidance: Although the State has promised to provide guidance on the above points prior to the law’s affective date, no specifics have been given as to when this additional detail can be expected.
Staying Compliant: Consult a Labor and Employment Law Attorney
While the new law offers significant benefits for pregnant employees, employers must adequately prepare for its implementation. Bleakley Platt & Schmidt’s Labor & Employment Law Practice Group can assist you in revising your paid leave policies, ensuring compliance with the upcoming changes and addressing any specific concerns you may have. We anticipate eventual guidance from the State regarding recordkeeping, notice, and potential carryover provisions before the law takes effect.