Navigating the New York State Paid Prenatal Leave Law: What Employers Need to Know for 2025

Starting January 1, 2025, New York State private-sector employers must comply with a significant new law: the New York State Paid Prenatal Leave Law (NYS Labor Law Section 196-b). This law mandates that all private-sector employers provide their employees with 20 hours of Paid Prenatal Leave annually. Here’s what you need to know to ensure your business is ready for this new requirement.

What Is Paid Prenatal Leave?
Paid Prenatal Leave is a new entitlement granting employees up to 20 hours of paid time off each year for prenatal health care appointments during or related to their pregnancy. This leave ensures employees can prioritize essential prenatal care without worrying about losing income.

Covered appointments include:

• Physical examinations
• Medical procedures
• Monitoring and testing
• Discussions with health care providers to ensure a healthy pregnancy
• End-of-pregnancy care
• Fertility treatments

​It’s important to note that only the pregnant employee receiving care is eligible for Paid Prenatal Leave. Partners or support persons attending these appointments are not covered under this law.

Key Details for Employers

• All Employees Are Eligible: There is no minimum work requirement to qualify for Paid Prenatal Leave. Whether an employee works part-time, full-time, or has just been hired, they are automatically entitled to this benefit. Overtime-exempt employees are also eligible.
• Separate from Existing Leave Policies: Paid Prenatal Leave is a standalone benefit and cannot replace existing leave entitlements such as New York State Sick Leave. However, employees can choose to use NYS Sick Leave, Paid Prenatal Leave, or an employer’s leave policy for prenatal care appointments—employers cannot mandate which leave type employees use.
• Compensation: Employees utilizing Paid Prenatal Leave must be compensated at their regular rate of pay or the minimum wage for their role, whichever is higher. Unused leave does not carry over to the next 52-week period and does not need to be paid out if an employee leaves the company.
• Notification and Use: Employees must follow their workplace’s established procedures for requesting time off when using Paid Prenatal Leave. Employers must permit employees to use the leave in hourly increments, allowing flexibility to attend appointments without disrupting the workday.
• Confidentiality: Employers are prohibited from requesting personal health details or medical records as a condition for approving Paid Prenatal Leave. This ensures employees can access their benefits without privacy concerns.
• Anti-Retaliation Protections: Employers cannot retaliate against employees for requesting or using Paid Prenatal Leave. Retaliation includes reducing other leave entitlements, altering work conditions, or taking adverse actions like demotions or terminations.

Recordkeeping Best Practices
While the law does not mandate specific recordkeeping requirements, maintaining clear records of Paid Prenatal Leave balances and usage is a best practice. This transparency benefits both employers and employees, ensuring compliance and avoiding potential disputes.

Preparing for January 1, 2025
To comply with the NYS Paid Prenatal Leave Law, consider these steps:

• Review and Update Policies: Ensure your employee handbook reflects the new Paid Prenatal Leave benefit and clarifies procedures for requesting leave.
• Train Your HR Team: Educate your HR staff about the new requirements, including confidentiality protections and anti-retaliation measures.
• Update Payroll Systems: Configure your payroll system to track Paid Prenatal Leave hours and ensure accurate compensation.
• Communicate with Employees: Inform your employees about their new rights under the law and provide clear instructions on how to request Paid Prenatal Leave.

How SwiftChecks Can Help
At SwiftChecks, we specialize in simplifying compliance for New York employers. Our payroll and HR solutions can help you seamlessly integrate Paid Prenatal Leave tracking and compensation into your existing systems. Contact us today to learn how we can support your business with this transition and ensure you’re prepared for January 1, 2025.​