On January 1, 2025, an amendment to New York Labor Law section 196-b, the state’s paid sick leave law, will go into effect. The amendment requires New York employers to provide employees with 20 hours of paid prenatal leave during any 52-week period.

The amendment provides that paid prenatal leave may be taken for “health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.”

Employees may take paid prenatal leave in hourly increments at their regular rate of pay or the applicable minimum wage, whichever is greater. Paid prenatal leave is in addition to existing leave entitlements such as paid sick and safe leave, paid family leave, and leave under the Family and Medical Leave Act.

It is anticipated that the New York State Department of Labor will issue guidance on paid prenatal leave in advance of its effective date. In the interim, employers should review their policies and prepare to offer this new leave entitlement in 2025.

We will continue to monitor for guidance from the state on this new leave and related developments.