On December 2, 2024, the New York State Department of Labor (DOL) published Frequently Asked Questions (FAQs) regarding enforcement of the Paid Prenatal Leave Law (the Law). Employers throughout the state have been waiting for this guidance since Governor Kathy Hochul announced in April 2024 that New York would be the first state in the country to require employers to provide this benefit.
As explained in the FAQs, the Law amends Labor Law Section 196-b by requiring that, effective January 1, 2025, all private-sector employers in the New York State provide employees with 20 hours of paid leave for pregnancy-related health care services. This time must be provided separate and apart from any other leave available to employees (such as New York State Paid Sick Leave). Furthermore, employers cannot require an employee to use any other leave that may be available if the employee requests to take leave under the Law.
The FAQs make it clear that Paid Prenatal Leave is only available to the employee directly receiving pregnancy-related health care services related. Permissible reasons for using Paid Prenatal Leave include “physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.” Employees can also use this leave for fertility treatments and end-of-pregnancy care appointments. The time cannot be used for post-natal or postpartum-related appointments.
An employee seeking to use Paid Prenatal Leave must do so in one-hour increments and should request the time off using the employer’s established procedures for requesting other types of leave. The DOL encourages employees to give employers as much notice as possible of the intent to utilize the Law’s benefits.
The FAQs remind employers that it is not permissible to require employees seeking to use Paid Prenatal Leave to submit medical records or other substantiating documentation as a condition for granting a leave request under the Law. Additionally, according to the FAQs, employers cannot ask employees for specific details about prenatal appointments.
The FAQs also clarify that Paid Prenatal Leave hours do not accrue and that every employee is automatically entitled to 20 hours of leave each year. The one-year period begins the first time the employee uses Paid Prenatal Leave. In other words, the “triggering date” for purposes of starting the annual clock is the first date the leave is logged on the employee’s timesheet.
Although the Law does not include any specific recordkeeping requirements, the FAQs encourage employers to maintain clear records relating to each employee’s use of Paid Prenatal Leave. Absent an employer policy that states otherwise, employers are not required to pay out unused Pair Prenatal Leave upon separation from employment.
The new year is fast approaching, and employers should take this time to review existing policies to verify that they clearly communicate that Paid Prenatal Leave is available and the process for requesting leave under the Law. Employers should also develop a system for tracking the use of Paid Prenatal Leave to ensure compliance with the Law.
If you have any questions regarding the content of this alert, please contact Ari Kwiatkowski, counsel, at akwiatkowski@barclaydamon.com, or another member of the firm’s Labor & Employment Practice Area.
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