As of January 1, 2025, New York became the first state in the country to guarantee paid time off specifically for prenatal medical care. The new NY prenatal leave law provides important protections for pregnant employees and places clear responsibilities on private employers.

Understanding the provisions of this New York paid prenatal leave law is essential for both employees and employers.

What Is New York’s Paid Prenatal Leave Law?

New York’s Paid Prenatal Leave Law grants 20 hours of paid leave per year for pregnancy-related medical appointments. This paid pregnancy leave New York benefit is in addition to any other sick or personal leave benefits and applies to all private-sector employees, regardless of employer size, job status, or tenure.

The law is codified as an amendment to New York Labor Law Section 196-b. Additionally, it is part of the state’s broader initiative to improve maternal health and protect workplace rights.

About the Author

Ty Hyderally is a prominent employment law attorney with a practice based in Montclair, New Jersey. He represents clients throughout New York and New Jersey, with a focus on workplace discrimination, retaliation, and leave law compliance.

His firm, Hyderally & Associates, provides legal counsel to both employees and employers on matters involving federal and state labor laws, including pregnancy-related rights and leave protections.

Ty Hyderally frequently advises on new and evolving employment legislation. His work has helped shape policies that support working families while ensuring legal compliance across industries.

Why Was Prenatal Leave Introduced in New York?

New York introduced this policy to address the unique needs of pregnant workers, especially during early and mid-pregnancy, when routine and specialist appointments are frequent. The state emphasized that no worker should have to risk their job to attend essential medical visits.

This new prenatal appointment leave NY law supports:

• Consistent access to prenatal healthcare
• Workplace fairness for pregnant individuals
• Reduced disparities in maternal health outcomes

By offering protected paid time off for medical visits, New York aims to improve outcomes while easing the burden on working families.

Who Is Eligible for Paid Prenatal Leave?

All private-sector employees in New York are eligible for this New York paid prenatal leave benefit. This includes:

• Full-time and part-time workers
• Exempt and non-exempt employees
• Workers at companies of any size

There are no minimum hours worked or duration of employment requirements. Eligibility begins immediately once the law takes effect on January 1, 2025. Furthermore, new hires after this date also receive the benefit in full.

Only employees receiving care for their own pregnancy may use this benefit. Unfortunately, spouses, partners, or support persons are not eligible to use this leave for attending prenatal appointments.

What Kinds of Appointments Are Covered?

Covered Services

This paid pregnancy leave New York law covers a wide range of pregnancy-related healthcare services:

• Routine prenatal checkups
• Laboratory testing and fetal monitoring
• Fertility care, including in vitro fertilization (IVF)
• End-of-pregnancy care and specialist consultations

Specific Examples of Covered Appointments

To help clarify what qualifies for prenatal appointment leave NY, here are real-world examples:

First Trimester Examples:

• Initial pregnancy confirmation appointment (typically 1-2 hours)
• First comprehensive prenatal visit with health screening (2-3 hours)
• Early genetic screening or nuchal translucency ultrasound (1-2 hours)

Second Trimester Examples:

• Monthly routine prenatal checkups (1 hour each)
• Anatomy scan ultrasound appointment (1-2 hours)
• Glucose tolerance test for gestational diabetes screening (2-3 hours)

Third Trimester Examples:

• Weekly prenatal visits in the final month (1 hour each)
• Non-stress test monitoring appointments (1-2 hours)
• High-risk pregnancy specialist consultations (2-3 hours)

What’s Not Covered

Postnatal or postpartum visits are not covered under this NY prenatal leave law. However, other forms of leave may still apply in those cases.

This law uses a broad definition of “healthcare services,” encompassing both routine and advanced medical care that directly relates to pregnancy.

How Do Employees Use Paid Prenatal Leave?

Step-by-Step Process for Requesting Leave

Step 1: Follow Your Company’s Standard Procedure

Employees must follow their standard company procedure for requesting time off. Check your employee handbook or ask HR about the specific process your company uses.

Step 2: Make Your Request

Submit your time-off request specifying that you need “Paid Prenatal Leave.” Include the date and approximate time needed for your appointment.

Step 3: Understand Your Rights

The law does not require disclosure of medical details. Moreover, employers cannot request medical records or ask for information about the nature of the appointment.

Step 4: Track Your Usage

Keep track of your hours used since you have 20 hours available per 52-week period. Plan ahead for upcoming appointments to ensure you don’t exceed your allotment.

Key Usage Rules

Key usage rules for this New York paid prenatal leave include:

• Leave is available in hourly increments
• No documentation is required beyond the time-off request
• Pay must be equal to the employee’s regular wage or the minimum wage, whichever is greater

Employers are prohibited from demanding that workers use other types of leave (e.g., PTO or NYS Sick Leave) before accessing their Paid Prenatal Leave.

Common Mistakes Employees Make

Mistake #1: Providing Too Much Medical Information

You only need to state that you’re using “Paid Prenatal Leave” for a medical appointment. Don’t feel obligated to share specific medical details about your appointment.

Mistake #2: Not Tracking Hours Used

Keep personal records of how many hours you’ve used since you get 20 hours per 52-week period. Plan ahead for future appointments.

Mistake #3: Letting Employers Require Other Leave First

Don’t allow your employer to force you to use vacation time or sick leave instead of your prenatal leave benefit. This is a separate, protected benefit.

How Does Prenatal Leave Work with Other Leave Laws?

Paid Prenatal Leave is a stand-alone benefit. It does not replace or interfere with:

• NYS Paid Sick Leave
• Paid Family Leave (PFL)
• Employer-provided PTO or sick time

It also does not impact rights under federal laws like the Pregnant Workers Fairness Act (PWFA) or the Americans with Disabilities Act (ADA).

An employee may use other leave options in addition to Paid Prenatal Leave if additional time off is required. This is particularly helpful if pregnancy complications arise.

Can This Leave Be Used for More Than One Pregnancy?

Yes, the 20-hour leave benefit applies per 52-week period, not per pregnancy. That means if an employee becomes pregnant more than once within the same year, they may use their remaining leave hours for the second pregnancy.

The 52-week eligibility period begins on the date the leave is first used. For example, if an employee uses their first hour of Paid Prenatal Leave on March 1, the next 52-week cycle begins on the following March 1.

Unused hours do not carry over to the next year. Additionally, they are not required to be paid out if the employee separates from the company.

What Do Employers Need to Know?

Core Responsibilities

Employers must comply with several core responsibilities under this paid pregnancy leave New York law:

All private-sector businesses must offer the leave, regardless of size

• They must not retaliate against employees for using it
• Leave must be granted without requiring medical verification
• Pay records should reflect use of Paid Prenatal Leave, although there is no requirement to itemize it on pay stubs

There is no obligation to pay out unused Paid Prenatal Leave when an employee resigns or is terminated. However, employers may choose to offer additional hours at their discretion.

Anti-Retaliation Requirements

Retaliation, such as reassigning duties, altering schedules, or limiting future leave eligibility after a request, is prohibited. Employers must maintain the same working conditions for employees who utilize this prenatal appointment leave NY benefit.

Common Mistakes Employers Make

Mistake #1: Requiring Medical Documentation

Employers cannot ask for medical verification beyond the standard time-off request. Don’t ask for doctor’s notes or specific appointment details.

Mistake #2: Forcing Use of Other Leave Types

You cannot require employees to use their sick leave, vacation time, or other benefits before using their Paid Prenatal Leave. This is a separate, protected benefit.

Mistake #3: Retaliating Against Employees

Don’t change an employee’s schedule, duties, or treatment after they use prenatal leave. This includes subtle forms of retaliation like excluding them from meetings or opportunities.

Mistake #4: Thinking Company Size Matters

All private-sector employers must comply with this NY prenatal leave law 2025, regardless of company size. There are no small business exemptions.

What Happens if an Employer Violates the Law?

Employees who are denied access to the benefit or who experience retaliation can file a complaint with the New York State Department of Labor’s Division of Labor Standards.

Violations may include:

• Requiring the employee to use sick leave instead of prenatal leave
• Asking for details about medical appointments
• Penalizing employees for requesting or taking leave

Complaints can be submitted online, and retaliation cases are reviewed seriously. Employees are also protected by federal anti-discrimination and pregnancy accommodation laws.

The Impact of NY’s Paid Prenatal Leave Law

New York’s Paid Prenatal Leave Law is a significant milestone in state labor protections. By guaranteeing paid time off for prenatal healthcare, the law acknowledges the medical needs of pregnancy while promoting workplace fairness.

It fills a critical gap in existing leave policies. Moreover, it offers more consistent access to care for working individuals across the state.

Understanding the law’s coverage, usage guidelines, and interaction with other benefits is essential for both employees and employers. As policies continue to evolve, staying informed ensures compliance and helps protect the rights of everyone in the workforce.

Resources:

https://www.ny.gov/programs/new-york-state-paid-prenatal-leave

https://www.ny.gov/new-york-state-paid-prenatal-leave/frequently-asked-questions