New York’s Paid Prenatal Leave Law: What Employees Need to Know

by | Jan 21, 2025 | Employee Rights

As of January 1, 2025, New York State has implemented an important new benefit for private sector employees – the Paid Prenatal Leave Law.  Here’s what you need to know about your rights under this new law.

Who’s Covered?

All private-sector employees in New York State are eligible, regardless of whether you work full-time or part-time.  This includes employees at corporations, LLCs, and non-profit organizations.  The law applies to all private employers, regardless of size.

What Benefits Do You Get?

  • 20 hours of paid leave per year specifically for prenatal healthcare appointments.
  • Available immediately upon hiring – no waiting period or minimum hours required.
  • Must be paid at your regular rate of pay or minimum wage, whichever is higher.

What Can You Use It For?

The leave covers a wide range of pregnancy-related healthcare services, including:

  • Physical examinations
  • Medical procedures and testing
  • Healthcare provider consultations
  • Fertility treatments
  • End-of-pregnancy care

Important Rights and Protections

  • You don’t need to provide medical records or disclose confidential health information to use this leave.
  • You can take the leave in hourly increments.
  • This is a separate benefit from other leave policies – it’s in addition to sick leave and other time off.
  • Your employer cannot retaliate against you for requesting or using this leave.
  • You can choose which type of leave to use – your employer cannot force you to use other leave types first.

How to Request Leave

Use your employer’s standard time-off request procedures.  While advance notice is encouraged, you have the right to use this leave when needed until your 20 hours are exhausted.  The 52-week period begins when you first use the leave.

Workers denied opportunities or mistreated by coworkers because they are pregnant may need to fight back against the employment discrimination they’ve experienced.  Knowing your right to access prenatal care is an important part of navigating these issues.