The New York State Department of Labor (“DOL”) published FAQs to provide clarity on its interpretation of the state’s paid prenatal leave law which takes effect on January 1, 2025. As we previously reported HERE, the law expands New York Paid Safe and Sick Leave to require all private employers to provide employees with 20 hours of paid prenatal leave (“PPL”) each year for health care services related to an employee’s pregnancy, including physical examinations, medical procedures, testing and monitoring, and discussions with healthcare providers. Although the FAQs are not binding, they provide helpful guidance for employers on how the DOL intends to enforce the new law.
Highlights of the FAQs (found in its entirety HERE) include the following:
Coverage and Eligibility: The FAQs make clear that the law covers all private employers, regardless of size. Additionally, per the FAQs, all employees working for private employers are eligible for PPL upon hire, without any minimum period of employment and regardless of part-time status or overtime exempt status.
Benefits: The law provides eligible employees with 20 hours of PPL in a rolling 52-week period, in addition toany other available leave options. PPL must be taken in hourly increments, during which time, employees must receive the greater of their regular rate of pay or applicable state minimum wage.
The FAQs note that the triggering date in the 52-week period is the first date of leave recorded on an employee’s timesheet. It also clarifies that an employee may use PPL for more than one pregnancy during the 52-week period, but the total hours used cannot exceed 20.
Qualifying Reasons: PPL may only be used by the employee directly receiving prenatal healthcare services, including fertility treatment or care appointments, or end-of-pregnancy care appointments. The law does not provide PPL for spouses, partners, or support persons to attend appointments, nor does it cover post-natal or postpartum appointments.
Interplay with Other Leave: The FAQs clarify that PPL is a new stand-alone benefit separate from other leave policies and laws, including New York State Paid Sick Leave and an employer’s existing leave policy. Employers may not require employees to choose one type of leave over another or exhaust other leave before taking PPL.
Notice and Documentation: The DOL encourages but does not require employees to provide advanced notice of leave requests. Employers may not request medical records or documents, appointment details, or confidential information about a health condition as a condition of providing PPL.
Recordkeeping: Although the law does not require recordkeeping on paystubs, employers are encouraged to track the use and availability of PPL.
No Payout: The law does not require employers to pay out unused PPL upon separation.
Employer Takeaways
As the effective date of PPL rapidly approaches, employers should:
• Review and adjust existing policies to provide for this new form of leave;
• Train appropriate personnel on the new requirements under the law; and
• Communicate to employees the procedure to request PPL.
If you have any questions related to or need assistance complying with New York’s paid prenatal leave law, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.