New York State Introduces Paid Prenatal Leave for Private Employees - Bousquet Holstein PLLC

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On January 1, 2025, an important amendment to Section 196-b of the New York State Labor Law went into effect, granting all privately employed workers up to 20 hours of paid time off for prenatal healthcare appointments. This makes New York the first state in the U.S. to implement such a law. The leave is separate from sick leave, offering greater flexibility for employees. 

It's important to know whether you are considered a private or public employee, as this law currently only applies to individuals who are privately employed. 

Private Employment: Employees working for businesses or organizations that are privately owned and profit-driven (e.g., law firms, financial services, hospitality industry). 

Public Employment: Employees working for government agencies at the local, state, or federal level (e.g., teachers, emergency responders, government workers). 

Employees are entitled to 20 hours of paid prenatal leave, which can be used for various prenatal healthcare services. These 20 hours are provided immediately, without the need for accrual, and do not require a tenure of employment. Paid prenatal leave runs on a 52-week period, beginning from the first time an employee takes prenatal leave. 

Employers cannot request medical documentation or ask employees about specific health conditions related to their pregnancy. Employees do not need to share details about their appointments. To request time off for paid prenatal leave, employees should follow their company's regular procedures for requesting time off. Leave can be taken on an hourly basis. 

This paid leave can be used for healthcare services that are directly related to pregnancy. This includes prenatal examinations, testing, and consultations with healthcare providers. The leave also covers fertility treatments, such as in vitro fertilization, as well as end-of-pregnancy care, such as appointments relating to labor and delivery planning.  

It is important to note that post-natal and post-partum appointments are not covered under this amendment. 

Private employers are required to provide employees with 20 hours of paid prenatal leave. 

Employers cannot retaliate against employees for using their prenatal leave. This means that employers cannot reduce other paid leave hours or change an employee’s working hours or location as a result of the employee’s use of prenatal leave. 

While New York State does not mandate that employers specifically record paid prenatal leave on paystubs, it is recommended that employers maintain a clear and easily accessible record of all leave taken, including prenatal leave, to ensure compliance. Additionally, if an employee does not use all of their 20 hours of paid prenatal leave or if the employee separates from the company, the employer is not required to pay out any remaining hours. 

Starting January 1, 2025, employees in private employment in New York State are entitled to 20 hours of paid prenatal leave for healthcare services related to pregnancy. This leave is separate from sick leave, and employers must ensure that employees can use it without fear of retaliation. 

At Bousquet Holstein, we are committed to protecting both employee and employer rights. If you believe your paid prenatal leave rights have been violated, or if you need assistance with any labor and employment compliance, contact Kavitha Janardhan for expert guidance. 

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Kavitha Janardhan, employment and labor law attorney in Syracuse, New York. Bousquet Holstein PLLC.

Kavitha Janardhan, Esq.

Kavitha Janardhan is an employment and labor law attorney at Bousquet Holstein PLLC. She represents client both employers and employees in all aspects of labor mater including employee disputes, handbook policies, employment agreements, and wage and hour issues. She takes pride not only in her formidable courtroom advocacy, but also in her commitment to safeguard the careers and legacies of her clients.

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kjanardhan@bhlawpllc.com | 315-701-6468