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Employees in New York are now entitled to paid prenatal leave for certain pregnancy-related healthcare appointments and medical care. Effective January 1, 2025, New York became the first state to require employers to provide paid prenatal leave as a separate employment benefit. Understanding how this leave works, who qualifies, and how it differs from other leave laws can help employees protect their rights during pregnancy.
How Does Paid Prenatal Leave Work in New York?
Paid prenatal leave is a benefit provided under New York Labor Law that allows eligible employees to take paid time away from work for prenatal healthcare services. Unlike traditional sick leave, prenatal leave is specifically intended to allow employees to attend medical appointments and receive pregnancy-related care before childbirth.
Eligible employees may use paid prenatal leave for services such as routine medical examinations, pregnancy monitoring, fertility-related care associated with pregnancy, diagnostic testing, and other healthcare appointments recommended by a medical provider.
Importantly, this leave is separate from New York’s paid sick leave requirements and is available regardless of whether an employee has accrued or used other forms of paid leave.
Who Is Eligible for Paid Prenatal Leave?
New York’s paid prenatal leave requirement applies broadly to employees working in the state. Eligible employees may use the leave to receive healthcare during pregnancy without being required to substitute vacation time or other accrued leave benefits.
The law provides up to 20 hours of paid prenatal leave during a 52-week period. Employees are generally paid at their regular rate of pay while using this leave.
Because prenatal leave is available independently from other leave programs, employees may still qualify for additional leave under laws such as the New York Paid Family Leave program, the Family and Medical Leave Act, or employer-provided benefits when childbirth or bonding leave begins.
What Can Paid Prenatal Leave Be Used For?
Paid prenatal leave is intended to allow employees to receive pregnancy-related healthcare before childbirth. Depending on an employee’s medical needs, qualifying uses may include:
- Routine prenatal checkups and physical examinations
- Ultrasounds and diagnostic testing
- Pregnancy-related specialist appointments
- Monitoring high-risk pregnancies
- Medical procedures associated with prenatal care
The leave is designed for healthcare services rather than general personal time off. Employees should follow their employer’s normal procedures for requesting leave whenever practical.
How Is Paid Prenatal Leave Different From Other Leave Laws?
Many employees are familiar with paid sick leave or Paid Family Leave, but prenatal leave serves a different purpose.
Paid prenatal leave covers medical care during pregnancy, while Paid Family Leave generally begins after the child is born or placed with the family. Likewise, earned sick leave may cover illness or medical appointments more broadly, whereas prenatal leave specifically protects pregnancy-related healthcare visits.
Because these laws operate independently, employees may qualify for more than one type of protected leave during pregnancy and after childbirth.
Can an Employer Require Medical Documentation?
Employers may establish reasonable procedures for requesting leave, but they should not create unnecessary barriers that discourage employees from using protected benefits.
Employees should review the company’s leave policies and provide documentation when legally required. Employers generally may not interfere with an employee’s ability to use protected prenatal leave or retaliate against an employee for exercising those rights.
Questions about documentation requirements may also overlap with other employment laws governing medical information and employee privacy.
What Should You Do if Your Employer Denies Prenatal Leave?
Employees who believe their employer improperly denied prenatal leave should preserve documentation regarding the request and the employer’s response.
Helpful records may include:
- Leave requests
- Emails or text messages with supervisors
- Medical appointment confirmations
- Employee handbook policies
- Payroll records showing unpaid leave
An employment attorney can use these documents to determine whether the violated New York’s prenatal leave and protect your rights.
Protect Your Right to Pregnancy-Related Leave
Pregnancy should not force employees to choose between their health and their paycheck. New York’s paid prenatal leave law gives eligible employees protected, paid time to receive important medical care before childbirth.
If your employer denied your request for paid prenatal leave or retaliated after you exercised your rights, contact Lipsky Lowe for a confidential consultation. We can review your situation and explain the protections available under New York law.