Paid Prenatal Leave Law Guidance Issued by NY Department of Labor

December 18, 2024

New York state expanded their Paid Safe and Sick Leave, becoming the first state to provide paid prenatal leave. Effective as of January 1, 2025, all private employers are required to provide each of their employees with 20 hours of paid prenatal leave during any 52-week calendar year.


This time can be used for services related to the employee’s pregnancy, including the following healthcare services:

  • Physical examinations
  • Testing
  • Monitoring
  • Medical procedures
  • Discussions with healthcare providers


The following guidelines were issued by the New York State Department of Labor (DOL) relative to this new Paid Prenatal Leave law.

  • Prenatal leave is available to all private sector employees regardless of employer size, and regardless of full/part-time or overtime exempt/non-exempt status
  • Prenatal leave cannot be used by spouses or partners of the pregnant individual
  • Prenatal leave law applies to fertility treatment appointments and end-of-pregnancy care appointments, but cannot be used for any post-natal or postpartum appointments
  • Employees can use their 20 hours of Paid Parental Leave in addition to other available leave options, including New York State Sick Leave Law
  • Employers are not required to provide more than 20 hours of Paid Parental Leave, but may do so if they wish
  • Employers cannot ask employees to submit medical records or medical documents, or disclose any confidential information about any health conditions
  • Employees are not required to but are encouraged to give advance notice of leave under this act; employers can request medical records and documentation in relation to a leave request.
  • Employers are not required to pay unused leave upon separation of employment.


New York state employers should review and update their leave policies with the Paid Prenatal Leave Law prior to January 1, 2025 to ensure compliance.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

July 25, 2025
On June 27, 2025, the U.S. Supreme Court ruled in Trump v. CASA that federal district courts cannot block executive orders for the entire country. The Court held that such broad injunctions exceed the authority Congress granted under the Judiciary Act of 1789. Courts may now only stop enforcement for the parties in the case—not for everyone else. What Happened in the Case President Trump issued Executive Order 14160 in early 2025. It denies birthright citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. Multiple lawsuits followed. Three federal courts blocked the order nationwide. The Supreme Court disagreed. It sent the case back and told the lower courts to revise the injunctions to cover only the named plaintiffs. The Court did not decide whether the order itself violates the Constitution. It ruled only on how far a court’s injunction can reach. Why It Matters to Employers The ruling affects how quickly and widely federal courts can stop controversial policies, especially during fast-changing political cycles. Employers have often relied on national injunctions to pause new mandates on wages, workplace safety, pay transparency, and non-compete agreements. This decision limits that option. The Court said nothing about injunctions under the Administrative Procedure Act, which governs agency rules. But the opinion raises doubts about whether even those can continue on a nationwide scale. Justice Kavanaugh suggested they might, but the Court left that question for another day. What This Means for You No nationwide protection unless you sue If your business is not part of the case, you likely cannot rely on someone else’s win. You must litigate directly to get relief. Rules may take effect in one state and not another A federal court in Texas may block a rule, while a court in New York upholds it. National companies may face conflicting rules and inconsistent enforcement. Trade groups cannot shield you Even if your industry association wins an injunction, it may apply only to their members or to the parties named in the lawsuit. Older rulings may now shrink Past national injunctions—on vaccine mandates, non-compete bans, overtime rules, or joint-employer standards—could be challenged or narrowed based on this ruling. More class actions are likely Some plaintiffs may now push for class certification to restore broader relief. Employers could face more complex litigation as a result. Next Steps for Employers Identify any current or past rules your business has relied on that are being blocked nationwide. Confirm whether you were covered by name or just assumed you were protected. Reassess your risk exposure for pending federal actions under OSHA, the EEOC, the DOL, or the NLRB. Monitor APA-based injunctions to see whether courts continue to grant broad relief under that statute. Consider joining strategic litigation early if new executive orders or agency rules would harm your operations. You cannot assume another company’s lawsuit will protect you. The Court narrowed that path. To block a federal mandate, you may now need to act alone—or join the fight directly. Michael P. Lewis is an attorney at The Royal Law Firm with experience advising clients through the litigation process. Michael helps employers resolve workplace challenges with focus, precision, and judgment. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.