To align with the new statewide paid prenatal leave law, the NYC Department of Consumer and Worker Protection has amended its rules related to the NYC Earned Safe and Sick Time Act (“ESSTA”) to address the paid prenatal leave requirement. The amended rules take effect on July 2, 2025.

As a reminder, effective January 1, 2025, employers are required to provide up to 20 hours of paid leave during any 52-week period for employees to attend prenatal appointments or obtain health care services during or related to their pregnancy. Paid prenatal leave is available to employees immediately upon a covered need for same and must be provided in addition to any other available leave options. Employers cannot require employees to disclose confidential information about their health conditions and/or submit medical records or documents in order to use the prenatal leave benefit.

The following are some highlights of the recently amended ESSTA rules regarding paid prenatal leave:

• Similar to the existing paystub reporting requirement under ESSTA, employers are required, for each pay period that an employee uses paid prenatal leave, to inform the employee of the amount of paid prenatal leave used during the relevant pay period and the total balance of paid prenatal leave available for use, either on the employee’s pay stub or in a separate written documentation.
• In addition to maintaining a written safe and sick time policy that meets certain minimum requirements (as is currently required...

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