January 1, 2025, was more than just the first day of the new year. In New York State, it was the effective date of a first-of-its-kind law mandating paid prenatal leave for women.
The leave, which is embodied in two additions to the New York Labor Law, Sections 196-b.2 and 4-a, was signed into law in May 2024 by New York Governor Kathy Hochul. She explained that she hoped the new leave requirement would improve the health and welfare of pregnant women and babies in New York State. These amendments, which took effect on the first of the year, provide 20 hours of paid leave every 52 weeks. The leave is to be used “for the 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.”
While the amendments themselves offer little detail as to how employers can comply with the new regulations, recently released guidance from the New York State Department of Labor (DOL) in the form of Frequently Asked Questions sheds light on how employers can effectively implement the new rule.
Perhaps the most important fact to note regarding New York’s paid prenatal leave, which is discussed in the DOL’s guidance, is that it applies to all private sector employers, regardless of how many employees a company has. Therefore, even employers with only one New York employee must provide paid prenatal leave to their...
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