Article contributed by Benedetta Bortoluzzi, Ellenoff Grossman & Schole LLP
New York State has introduced a groundbreaking requirement for employers.
Starting January 1, 2025, all private-sector employers in New York State, regardless of size, will be required to comply with an important new regulation: the Paid Prenatal Leave (“PPL”) law, introduced as an amendment to New York Labor Law § 196-b. New York’s PPL will make it the first state in the nation to mandate that employers provide paid leave as a separate benefit for employees who are pregnant or trying to conceive.
In other words, PPL grants employees additional paid leave to be used only for prenatal healthcare services. Notably, PPL is a separate and new employee benefit, and should not be confused with any other employee-afforded leave already mandated by law.
Table of Contents
Key Provisions of Paid Prenatal Leave
1. Amount of Leave
Under the new law, employees are entitled to at least 20 hours of paid leave during each 52-week period. Employers may choose to provide more than 20 hours, but 20 is the legal minimum.
While the leave can be used more than once per year if the employee experiences multiple pregnancies within the same 52-week period, the total amount of paid leave available to the employee cannot exceed 20 hours (or the higher amount set by the employer) per year.
2. Usage
The employee’s use of PPL must relate directly to the pregnancy, such as physical examinations, medical procedures, monitoring and testing, and discussions with a healthcare provider related to the pregnancy.
While PPL can cover fertility treatments and end-of-pregnancy care appointments, it cannot be used for post-natal or postpartum care, ensuring that the focus remains on the health of the employee during pregnancy. Importantly, employees must use their 20 hours of leave in hourly increments. Employers can set different usage increments of less, but not more than one hour.
3. Eligibility
Only the employee directly receiving prenatal care is eligible for PPL: spouses, partners, or other support persons cannot request or use the new leave from the requesting employee’s employer. Unlike some other forms of paid leave, PPL must also be made available to new hires.
4. Frontloading
Employers must frontload the 20 hours when the employee requests them; the employee does not need to accrue PPL leave. Employers are not obligated to add to the 20 hours to each employee’s bank leave on January 1 every year, however, the 20 hours must be available to every employee each year.
5. Compensation
The employee must be paid their regular wage rate or the applicable minimum wage, whichever is greater, while using PPL (as if they were working). Employers are not required to compensate employees for unused PPL hours at the time of separation.
6. Documentation
Employers cannot require employees to provide medical records or disclose information about their health condition(s).
However, If the employee voluntarily provides any health-related information, employers will have to maintain confidentiality of that information, unless the employee consents in writing or disclosure is required by law.
7. Interaction with Other Leaves
As mentioned above, PPL is a benefit separate and distinct from any other paid or unpaid time off. Therefore, PPL does not affect or limit any other leave benefits provided to employees.
Employees can use any other available paid leave for the same purpose as PPL or may choose to use PPL prior to, or in lieu of using other paid leave. However, PPL will run concurrently with other unpaid leave time available for the same reason as the employee is using PPL.
8. Anti-Retaliation Protections
The law strictly prohibits any form of retaliation against employees who request or use PPL or who file a complaint for alleged violations of the law.
Retaliation includes any threat, discipline, discharge, demotion, suspension, change in work hours or work location, reduction of other available paid time off, or any other adverse employment action against the employee for exercising or attempting to exercise any right guaranteed under the law.
Nevertheless, employers may take disciplinary action, up to and including termination, against employees who use PPL for purposes other than permissible under the law or who otherwise abuse this leave.
To comply with the new law employers should consider taking the following steps moving forward:
1) Update employee handbooks: Employers should include a detailed written policy outlining the new PPL benefit, including how employees can request leave, what is available to them, and when.
2) Frontload leave: Employers should budget for and be prepared to frontload the 20 hours of PPL to any employee who requests it.
3) Monitor compliance: While the law does not specifically require recordkeeping on paystubs, employers should maintain records of available types of leave and amounts of each type of leave used in a manner accessible to both the employer and employee for accuracy purposes.
New York’s PPL law is an important step forward in supporting the health and well-being of pregnant individuals and those trying to conceive. Employers should seek guidance from their employment counsel to ensure they are prepared to comply in 2025 and beyond.
Benedetta Bortoluzzi is an Associate at Ellenoff Grossman & Schole LLP in New York City and practices in the firm’s Labor and Employment Practice Group.
Ms. Bortoluzzi advises clients – particularly businesses operating across the hospitality industry and nonprofit organizations – on compliance matters and a wide range of employment-related issues. Fluent in Italian, Spanish, English, and French. Ms. Bortoluzzi is admitted to practice in NY.
She received her LL.M. degree from Fordham University School of Law, and her Italian Law degree (Laurea in Giurisprudenza) from LUISS Guido Carli School of Law (Rome, Italy). She can be reached at bbortoluzzi@egsllp.com or via phone at 212-370-1300.
