NYS Paid Prenatal Leave: 5 things to know about the new law

New York this month became the first state in the country to offer paid leave for prenatal care, marking a major change in employee benefits that some experts say will have a positive impact on public health.

The Paid Prenatal Leave Law, which took effect Jan.1, requires all private employers in the state to provide full- or part-time pregnant employees with up to 20 hours of paid leave in a 52-week period.

The leave is in addition to the state’s 2020 Paid Sick Leave law, which requires employers to offer workers between 40 to 56 hours of paid leave per year depending on the employer’s headcount.

“A lot of pregnant workers have had to use family sick leave or disability, and it’s not a disability and you’re not sick," said Roberta Reardon, head of the state’s Department of Labor, the agency overseeing enforcement of prenatal leave. “This is a wellness initiative.”

Annually, about 130,000 pregnant women will be eligible for this benefit, with about 65,800 of those being hourly workers, according to a news release from Gov. Kathy Hochul citing labor department estimates.

Advocates say the law could help lower maternal mortality and pregnancy complications, but some business groups say the law, which went into effect at the same time as the state’s increases to minimum wage on Long Island, New York City and Westchester, could create additional costs for small business.

The law doesn't require employees to provide advance notice before using the leave, and employers who offer more than the mandated number of paid sick leave hours must still offer the additional 20 hours. 

“While it is important to prioritize maternal care, this new mandate comes at the same time as the minimum wage" increase, Matt Cohen, president and chief executive of the Long Island Association business group, said in a statement. "We have too often seen how it is stifling economic growth and raising costs for small businesses already navigating numerous other challenges."

Here are five things to know about the state’s new prenatal law:

What does the Paid Prenatal Law cover?

The law provides pregnant workers with 20 hours of paid leave at their normal base rate of pay in a 52-week period. Workers must use the leave in one-hour increments, though they can use multiple hours at a time, according to the Labor Department. 

“You don’t have to bank your hours to spend them,” Reardon said, "as pregnancy is obviously a very time limited event.” 

For workers who rely on tips, employers are not required to cover the cost of lost tips but must pay the employee their normal rate of pay or the applicable minimum wage, whichever is greater, according to the Labor Department.

Who is covered under the new law?

All private employees in the state who are pregnant or are seeking fertility treatments in preparation for pregnancy can qualify.

“The law calls for 20 hours of prenatal leave available to any employee who needs prenatal care regardless of part-time or full-time status,” said Domenique Camacho Moran, employment attorney and partner at Farrell Fritz in Uniondale.

Spouses or partners of pregnant workers are not eligible.

“It’s only for the pregnant worker, not for their partner, and it can be used for things like physical exams, medical procedures, monitoring and testing, conversations with your doctor, fertility treatments and end of pregnancy care,” Reardon said.

What is the law's impact on employers?

All private employers in the state, regardless of number of employees, are subject to the law and must pay workers their normal wages when employees use prenatal leave.

“There are 450,000 businesses in New York State, and what we want employers to know is we want to help you be in compliance,” Reardon said. “We’d rather have you be in compliance than take you to task.”

Under state labor law, failure to provide employee benefits is equivalent to a failure to pay employee wages, according to the state labor department.

Employers who are out of compliance could face civil or criminal penalties, including paying liquidated damages and civil penalties, the state said. 

What's the law's impact on employees?

“When you ensure that a birthing person has the ability to attend their prenatal visits, that is going to improve birth outcomes,” said Vanessa Baird-Streeter, president and CEO of the Health & Welfare Council of Long Island, a nonprofit that connects Long Islanders in need with social safety net programs like SNAP and Medicaid.

Baird-Streeter said her organization is committed to the issue of maternal health in light of 2024 data that showed big disparities in pregnancy-related health risks among racial and ethnic groups. 

Pregnancy-related deaths are five times higher for Black women in New York than for white women (54.7 deaths compared with 11.2 deaths per 100,000 live births) according to a 2024 state Department of Health report.

What challenges does the law pose for employers?

For the local business community, concern remains over the cost of an additional employee benefit that may have disproportionate effects on small businesses, the LIA's Cohen said. 

One challenge posed by the law, experts said, is that workers are not required to provide advance notice of plans to use prenatal leave.

“Although the state’s guidance encourages employers to schedule these [appointments] in advance, there’s no requirement,” Moran said. “The lack of an obligation to provide notice can be disruptive for employers.”

While the state “encourages employees to give employers advanced notice,” it's not mandatory; however employers must grant prenatal leave when requested.

“The second big challenge for employers is there are significant limitations on how the employer can make sure the leave is being used for prenatal care,” Moran said.

Under the law, employers cannot ask workers for confidential information about their prenatal visit, or request medical records as a condition of granting the leave.

For more information on prenatal leave, visit the state's online overview.