Paid Prenatal Leave Update: NYDOL Issues Informal Guidance

Just in time for the implementation date, the New York DOL has released ‘informal’ guidance for employers as they prepare to comply with the new Prenatal Paid Leave law in 2025.

Employers will recall an amendment to Labor Law Section 196-b was announced in 2024, providing employees with 20 hours of paid leave time per year to be used for ‘prenatal healthcare service appointments’ during their pregnancy, or related to their pregnancy. The guidance clarifies that this leave is in addition to any existing leave, meaning it cannot be satisfied through unlimited PTO policies alone. Specifically, the Department states:

“An employer cannot require an employee to choose one leave type over another or require an employee to exhaust one type of leave before using Paid Prenatal Leave. Paid Prenatal Leave is a stand-alone benefit available to employees seeking prenatal healthcare services.”

There is no accrual permitted, meaning employees are eligible day 1 of their employment in 2025. There is also no employer size threshold. Most helpful in the NYDOL’s summary is the clarification that the new leave entitlement does not apply to partners or spouses of pregnant individuals, and only may be used by a pregnant employee.

A helpful FAQ is located here.

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