On April 19, 2024, the state of New York became the first US state to mandate employers provide paid prenatal leave to pregnant employees.
The mandate is an amendment to the statewide paid sick and safe leave law, and requires employers to provide up to 20 hours of paid leave in a 52-week period. This leave is intended to be utilized by pregnant employees to be able to attend prenatal medical appointments and procedures. These 20 hours are a separate period of leave in addition to existing paid leave entitlements.
The full amount of 20 hours in its entirety is to be made available to all pregnant employees upon the time of hire, versus needing to be accrued. The time can be taken in hourly increments, and must be paid to employees at the regular rate of pay or the applicable minimum wage, whichever is greater.
There is no limit on the number of times prenatal leave can be taken by an employee, other than the 52-week period stated. Any unused leave does not need to be paid out to the employee during separation, despite the separation reason.
This new amendment takes effect on January 1st, 2025.
All New York employers should make HR and Benefits teams aware of this new leave benefit.