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.
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation. 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.
