As reported in Kane Kessler’s August 15 client alert, New York recently became the first state to mandate paid leave for prenatal care, requiring employers to provide eligible employees with paid time off for prenatal medical appointments. Recent guidance from the New York Department of Labor (NYDOL) has clarified key aspects of the law’s implementation.
1.Effective Date:
- The law takes effect on January 1, 2025.
2.Scope of Leave:
- The law applies to all employers regardless of size
- Covered prenatal care includes physician-recommended visits such as regular obstetric appointments, fetal monitoring, and diagnostic testing.
3.Leave Duration and Compensation:
- Eligible employees can take up to 20 hours of paid prenatal leave annually, separate from other mandated paid leaves such as Paid Family Leave (PFL) or sick leave.
- Employees must provide reasonable notice of appointments whenever possible.
- Leave is compensated at the employee’s regular pay rate.
4.Interaction with Other Laws:
- The new prenatal leave is distinct from other leave entitlements under New York’s Paid Family Leave Law and New York City’s Earned Safe and Sick Time Act. Employers must track prenatal leave separately to avoid overlaps or inconsistencies.
To prepare for the upcoming mandate, employers should:
- Review and Update Leave Policies: Ensure employee handbooks include clear provisions for prenatal leave in compliance with the new law.
- Train HR Staff: Provide training on managing prenatal leave requests and maintaining compliance.
- Communicate with Employees: Notify employees of their new rights under the law and outline the process for requesting prenatal leave.
- Update Payroll Systems: Configure payroll systems to account for paid prenatal leave hours separately.
- Maintain Records: Develop a protocol for tracking leave requests and ensuring documentation aligns with regulatory requirements.
While this landmark legislation reinforces New York’s leadership in workplace protections, it also imposes new obligations on employers. Businesses should consult legal counsel to address potential compliance challenges and to develop strategies for seamless integration of the new leave requirement into existing policies.
The attorneys at Kane Kessler are available to assist companies in the formulation of these policies as well as a range of labor and employment issues. Please contact Dana Susman, dsusman@kanekessler.com at 212 519-5136 or Jonathan Sabin, jsabin@kanekessler.com at 212 519- 5113 for additional information.