Beginning January 1, 2025, private-sector employers, regardless of size, shall provide pregnant employees up to 20 hours of paid leave in any 52-week period to attend prenatal medical appointments and procedures. See prior Benefit Beat article here.
New York’s Department of Labor has released FAQ guidance regarding the new paid prenatal leave law. Following is a brief summary of the guidance.
Eligible employee: All employees experiencing prenatal needs working in New York may be eligible for this benefit beginning with the first day of employment. There is no length of service requirement. Only the employee receiving prenatal health care services may use this leave.
Existing leave policies: Paid prenatal leave is a separate leave benefit from New York’s paid sick leave law or an employer’s PTO policy. 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.
Use of leave: Paid prenatal leave may be used for health care services during 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. Paid prenatal leave may also be used for fertility treatment or care appointments, including in vitro fertilization. Paid prenatal leave may not be used for postpartum care following childbirth.
Calculating 52-week period: The 52-week period begins on the date that the employee first takes leave. An employee may use paid prenatal leave for more than one pregnancy per year but only 20 hours are available in any 52-week period.
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