Governor Hochul’s 2024-2025 fiscal budget, which was signed on April 20, 2024, has brought about various amendments to the laws governing employers. One significant change involves the law regulating prenatal leave. Effective January 1, 2025, New York employers will soon be required to provide employees with 20 hours of paid prenatal leave during a 52-week calendar period. New York is the first state to require a separate bank of prenatal leave in its law for pregnant employees.
Employers will be expected to offer employees 20 hours of prenatal leave that may be used for time off to obtain health care services, physical examinations, medical procedures, monitoring and testing, or to have pregnancy related discussions with a health care provider. Prenatal leave may be taken in hourly increments, and it will be paid in hourly installments. Upon the employee’s termination, resignation, or retirement, the employer will not be expected to pay out for any unused prenatal leave time.
Employees will receive compensation at their normal hourly rate. If the employee receives less than the applicable minimum wage because they also receive tips, then the employer is required to pay the New York minimum wage during the prenatal leave. An employer will not be obligated to pay the employee any lost tips or wages. Employers will not be able to take tip credit during this prenatal leave.
New York State employers may want to consider updating their leave policies to incorporate this latest amendment to the Paid Sick Leave Law. Employers can contact our attorneys to revise their policies to comply with the new law regulating prenatal leave.