Compliance FYI: New York Paid Prenatal Personal Leave
In May 2024, the State of New York modified its Paid Sick Leave Law to become the first state in the country to require employers to provide paid prenatal personal leave to employees.
Starting on January 1, 2025, New York employers must provide employees with 20 hours of paid prenatal personal leave in a 52-week period. This is in addition to the leave already required to be provided by the Paid Sick Leave Law. Employers are subject to the paid prenatal personal leave requirements regardless of employer size and employees are eligible to use paid prenatal regardless of the number of hours they work or the duration of their employment.
Paid prenatal personal leave may be used for health care services received by an employee during their pregnancy or related to their pregnancy including:
- Physical examinations;
- Medical procedures;
- Monitoring and testing; and
- Discussions with a health care provider related to their pregnancy.
The paid prenatal personal leave can be taken in hourly increments and employees must be paid their regular rate of pay or the applicable minimum wage, whichever is greater, in hourly installments. Any unused paid prenatal personal leave does not need to be paid out at the termination of employment.
Key Takeaways:
Employers with employees in New York would be well served to review the requirement to provide 20 hours of paid prenatal personal leave to employees. Employers may need to update their processes and procedures to comply with the new law.
The information provided is a summary of laws and regulations relating to employee benefit plan compliance. This information should not be construed as legal advice. In all cases, employers should consult with their own legal counsel.
