BY Mary E. Bianco

On January 1, 2025, an amendment to New York State Labor Law §196-b, Sick Leave Requirements will go into effect requiring private sector employers to provide paid time off to pregnant employees for Prenatal Leave. Private Sector employees are defined to exclude federal, state, and local government employees but includes employees of charter schools, private schools and not-for-profit corporations and there is no minimum employee threshold.

 “Paid Prenatal Leave” is defined in the law as

leave taken for health care services received by an employee during their              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.

Qualified pregnant employees will be provided with up to 20 hours of employer paid parental leave in any 52- week calendar period, which may be used in hourly increments. Benefits are to be paid at the employee’s regular rate of pay. This leave is in addition to sick leave already required by New York State’s Paid Sick Leave Law and is available immediately after hire. Both part-time and full-time pregnant employees are eligible for Paid Prenatal Leave.

 Employers are not required to pay out unused Paid Prenatal Leave upon termination of employment.

Employers should update employment policies and handbooks to include this new benefit, which may be satisfied by policies that already offer this much or more paid time off to pregnant employees.

Employers should also take note that the new laws also state that employers may not (a) require disclosure of confidential information relating to a mental or physical illness, injury, condition, or a sexual offense as a condition of providing paid sick leave; or (b) penalize, discriminate or retaliate against an employee for requesting or taking such leave.

This is not legal advice and is attorney advertising.