New York has become the first state in the nation to mandate paid prenatal leave for pregnant employees. Governor Kathy Hochul signed new legislation on April 22, 2024, to expand the New York Paid Family Leave Law (“NY PFL”) to provide 20 hours of paid leave for attending prenatal medical appointments. The new law takes effect January 1, 2025.

Expansion of Existing NY PFL

Under the updated NY PFL, eligible pregnant employees are entitled to 20 hours of paid leave within a 52-week calendar period to attend appointments for prenatal care, including physical exams, monitoring and testing, and discussions with healthcare providers.  This benefit is in addition to state sick leave or paid leave under the NY PFL. NY PFL provides employees with 12 weeks of paid family leave for qualifying absences such as bonding with a newborn, adopted, or fostered child, or caring for a family member with a serious health condition. Under the new law, employers must provide a separate bank of paid prenatal leave for employees to use without reducing existing paid leave benefits, including paid family leave.

Purpose and Broader Trends

New York is the first state to provide statewide paid prenatal leave, but this new benefit is part of a growing trend nationwide to provide protection for pregnant workers.  

On April 19, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released its final regulations interpreting the federal Pregnant Workers Fairness Act. The EEOC’s regulations will require employers to provide reasonable accommodations for pregnant workers, including time off for prenatal or postnatal appointments. However, employers are not required to offer paid leave for prenatal appointments under the federal regulations.

Employers seeking further information regarding compliance with the NY PFL’s new prenatal leave requirements should contact an attorney in the Nelson Mullins Employment & Labor Practice Group.