2025 began with New York Governor Kathy Hochul expanding
benefits and protections for pregnant employees: part of an
initiative to reduce maternal and infant mortality rates in NY.
Among these changes is a requirement that all employers, regardless
of size, provide their employees with at least 20 hours of paid
prenatal leave for every 52-week period for prenatal care.
“Prenatal Care” is defined as “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.”

Then in May, the New York City Department of Consumer and Worker
Protection (DCWP) finalized its own amendments to employee leave
requirements in the Rules of the City of New York (RCNY). These
amendments don’t just incorporate but expand upon NYS
Prenatal Personal Leave law. As of July 2025, Employers in New York
City have additional requirements to accommodate—both in
notifying employees and record-keeping.

What Must NYC Employer
Updated Policies Include?

Shared Requirements of
NYS and NYC Paid Prenatal Personal Leave Law (PPPL)

These 2025 amendments (Labor Law § 196-b) guarantee all
private-sector employees in New York 20 hours of paid leave for
prenatal healthcare appointments, both before and during the course
of their pregnancy. Regardless of size, employers must offer 20
hours of paid prenatal leave in addition to other benefits (like
sick leave). Employers may not force employees to expend other
forms of leave—such as vacation time—to accommodate
prenatal care needs.

There is no minimum amount of time an employee must work for an
employer before earning access to paid prenatal Personal leave. The
20 hours are not tied to any calendar year; they are based on a
52-week period from the first time an employee uses the leave.
Employees must notify employers they are using the Paid Prenatal
Leave in the same way they would request or notify the employer
regarding other time off.

The NYS Prenatal Leave Law (Labor Law § 196-b) specifies
that the 20 hours of paid prenatal leave is only for the employee
who is pregnant to attend their own prenatal healthcare
appointment. Meaning, partners are not entitled to take this
specific form of leave for their partner’s medical
visits.

Under NYS law, employers are not beholden to any additional
record-keeping requirements specific to paid prenatal leave. Nor
are employers required to pay this prenatal leave out should it go
unused by an employee, whatever the employee’s pregnancy
status.

Also, this 20 hours is mandated per 52-week period
(beginning from the first day of claimed leave), not per
pregnancy. Should an employee have multiple pregnancies over a
single 52-week period, employers are only required to furnish 20
hours of paid prenatal leave over that time. Bear in mind that
employers remain beholden to the Pregnant Workers Fairness Act (PWFA), which
requires reasonable accommodations be provided to employees facing
limitations due to pregnancy.

What Additional ESSTA
Requirements Do NYC Employers Have Under RCNY?

New York City employers have three requirements in addition to
their New York State requirements: to provide DCWP notice of
employee rights, update their written policies in compliance with
ESSTA Paid Prenatal Personal Leave amendments, and enhanced record
keeping/communication of employees’ available leave
balance.

1. DCWP Notice of Employee
Rights

NYC employers have until August 1, 2025 to
provide their employees with the NYC Department of Consumer and
Worker Protection’s (DCWP) most recent Notice of Employee Rights in an area/s both
available and conspicuous to all employees.

2. Update Written Policy in
Compliance with ESSTA Paid Prenatal Leave Amendments

NYC Employers have until July 16, 2025, to both
update their employee policies and distribute that written policy
to their employees. Employer policies must reflect NYS and
NYC amendments to Paid Safe and Sick Leave Law. The DCWP, who
enforces NYC ESSTA, has published a FAQ guide for employers which reflects these
updates.

By NYS law, employers must permit employees to use prenatal
leave in HOURLY increments. Meaning, if an employee only needs one
hour of paid prenatal leave to attend a healthcare appointment, and
the employee is available to work the remaining hours of the day,
the employee must be permitted to work those hours. This state
requirement must be reflected in your written employer
policies.

NYC rules, however, further allow employers to establish a
minimum time increment of paid prenatal leave shorter than
one hour—provided it is reasonable to do so. For example, an
employer can establish 30-minute increments. In that case, should
an employee require only 30 minutes of leave for an appointment,
that employee is free to work the other 30 minutes of that hour and
keeps the remaining 30 minutes of unused leave. Your written
policies must reflect the minimum time increment your employees may
use for paid prenatal leave: whether it is one hour or less than
one hour.

3. Enhanced Record Keeping
and Communication of Available Paid Prenatal Leave Balance

NYS law does not provide much guidance on record-keeping beyond
recommending it in general. NYC employers, however, are now
required to maintain records of paid prenatal leave for at least
three years.

For any pay period an employee makes use of this benefit,
employers are also required to provide statements (such as
paystubs) with the amount used and their remaining balance of
available paid prenatal leave for that 52-week period.

NYC Employers are Beholden to
NYS and NYC Law

New York City employers are now responsible for compliance with
these NYC-specific additions to extant New York State paid prenatal leave. Take care
to ensure your payment practices and leave policies are in accord
with these updated NYC policies, as well as the other NYS changes impacting paid leave that
have taken effect in 2025.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.