On June 2, the New York City Department of Consumer and Worker Protection (DCWP) published its final rule incorporating paid prenatal leave requirements into New York City’s Earned Safe and Sick Time Act (ESSTA), commonly known as the Paid Safe and Sick Leave Law, to align with new paid prenatal leave requirements in Section 196-b of the New York Labor Law. The rules clarify what employers’ compliance obligations are under ESSTA and the penalties and remedies that DCWP may order for violations of the paid prenatal leave requirements. Here are some key highlights:
- Eligible employees may use 20 hours of paid leave per year to receive health care during their pregnancy or related to their pregnancy, including fertility treatment and end of pregnancy care. Only the employee directly receiving health care services may use Paid Prenatal Leave, not family members.
- All covered employers, including employers who may provide 40 hours of unpaid safe/sick leave, must provide 20 paid hours of Paid Prenatal Leave. Employers must provide a separate bank of Paid Prenatal Leave that is in addition to employees’ accrued safe/sick leave and any paid time off, such as vacation or personal days.
- Paid Prenatal Leave does not accrue, carry over, or follow a calendar year. Leave can be taken over any 52-week period. An eligible employee is entitled to up to 20 hours as soon as they begin using Paid Prenatal Leave.
- Covered employers must maintain and distribute written Paid Prenatal Leave...
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