New York is All In on Prenatal Leave
By VICKY BROWN
On January 1, 2025, New York became the first state in the U.S. to guarantee paid prenatal leave for all private-sector employees. It’s a milestone in workplace benefits — and for employers, it’s a new compliance requirement that’s already in effect.
The state’s rule is simple on the surface: 20 hours of paid prenatal leave per year, for every employee, no matter their status. Full-time, part-time, new hires — everyone qualifies from day one. There’s no accrual schedule, no probationary wait, and no requirement that employees use sick leave first. Employers also cannot require medical records or health details, protecting employee privacy and encouraging use of the benefit.
But if you’re in New York City, the picture gets more complex. On July 2, 2025, the city folded the state rules into its Earned Safe and Sick Time Act and added extra compliance layers. NYC employers must now have a formal written prenatal leave policy that details how employees can request leave, any documentation requirements, privacy protections, and usage increments if you choose to set them. You must post an updated “Notice of Employee Rights,” distribute it to all current employees, give it to new hires, and provide it to anyone who asks.
“…For expecting parents, having paid time to attend prenatal appointments reduces stress and fosters loyalty.“
Paystubs must track prenatal leave hours used and remaining. If your policy allows documentation requests after three consecutive days out, you may do so — but only within the boundaries of your written policy. And perhaps most importantly, you must keep three years of records showing leave balances, usage, and proof of notice distribution.
For small businesses, these aren’t just “HR tasks” — they’re operational changes. NYC’s Department of Consumer and Worker Protection can impose penalties up to $10,000 for retaliation and $500 per wage violation. Even for state-only employers, failing to comply could invite legal trouble and damage employee trust.
Beyond compliance, this benefit can be a leadership opportunity. Offering paid prenatal leave — and making it simple to access — signals to your team that you value their health and well-being. For expecting parents, having paid time to attend prenatal appointments reduces stress and fosters loyalty. For you, it reduces last-minute scheduling chaos and keeps policies consistent across the team.
Whether you’re an entrepreneur jumping into a leadership role, a seasoned business pro with new HR responsibilities, or just starting your HR career – we’ve got the right path to guide you through your HR hurdles.
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Here’s how to get ready if you’re in NYC:
- Draft or update your prenatal leave policy to meet city standards.
- Distribute it to current employees within 14 days of updates, to all new hires, and on request.
- Post the updated rights notice in all required languages.
- Update payroll to show used and remaining hours on every paystub.
- Set up a recordkeeping process that preserves three years of data.
- Train managers to handle requests lawfully and confidentially.
State-only employers have fewer requirements, but best practices still apply. A short, plain-language policy, simple tracking in payroll, and manager training can prevent misunderstandings and help operations run smoothly.
Even if your business isn’t in New York, this is worth watching. States often follow one another’s lead, and getting ahead now means you won’t be caught off guard later. The takeaway? Compliance isn’t just about avoiding fines — it’s a chance to lead well, show care for your team, and operate with clarity.
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