NYC Tightens the Rules on Paid Prenatal Leave: What’s New

NYC Tightens the Rules on Paid Prenatal Leave: What’s New

In a follow-up to the New York State law enacted earlier this year, New York City has formally updated its rules under the Earned Safe and Sick Time Act (ESSTA) to incorporate state mandated paid prenatal leave — and added a number of its own requirements. The amendments were adopted by the Department of Consumer and Worker Protection (DCWP) on June 3, 2025 and became effective on July 2, 2025.

These are the key changes and what they mean for both employers and employees.

What State Law Already Requires

• As of January 1, 2025, New York State law (Labor Law § 196-b) mandated that all private-sector employers provide 20 hours of paid prenatal leave in any rolling 52-week period. This time is only for employees to receive prenatal health care services (e.g. medical exams, monitoring, fertility treatment, and end-of-pregnancy appointments). The leave is specific to the pregnant employee and does not extend any rights to spouses, partners, or others.
• This 20-hour leave is in addition to other sick or safe leave entitlements. Employers cannot force employees to use other leave first and there is no waiting period; the leave is available as needed.

What NYC Added Under ESSTA

While NYC’s new rules follow much of the state law’s framework, they add several extra requirements. The rules require that upon hire and within 14 days of the effective date of any changes the employer must distribute written policies.  As a result, all NYC employers are effectively required to redistribute their policies with the new requirements incorporated.

1) Written Prenatal Leave Policy

NYC employers must maintain a written policy that addresses prenatal leave. The policy must cover things like:

• the separate 20-hour bank;
• how employees request leave;
• minimum increments (hourly or smaller, but no more than one hour unless otherwise specified);
• any documentation required;
• confidentiality of medical information. This policy must be given to employees when they are hired, anytime there are changes (within 14 days), and upon request.

2) Notice of Rights & Posting Requirements – The “Notice of Employee Rights” (Safe and Sick Leave poster) has been updated to include prenatal leave rights. Employers must provide this notice to current and new employees and post it in the workplace.

3) Balance Notification Requirements – For each pay period in which an employee uses prenatal leave, employers must notify the employee (via pay stub or other written documentation) of:

• how many hours of prenatal leave were used that period; and
• how many remain out of the 20-hour entitlement.

4) Documentation & Recordkeeping

• Employers may request documentation from a health provider only when leave exceeds three consecutive workdays, but only if that requirement is in the employer’s written safe and sick leave policy. Employees have a minimum of seven days from the date of their return to work to provide their employer with the requested documentation.  The written policy must explain what type of documentation is acceptable, explain how to submit the documentation, and provide instructions on how to seek reimbursement for any costs associated with the documentation.
• Payments must continue while awaiting documentation unless the policy notes that payments will be delayed.
• Employers must keep records of prenatal leave use, date/time, amounts, and balances for at least three years.

5) Notice and Advance Request for Leave

If leave is foreseeable (e.g. planned medical appointments), employees may be required to give up to 7 days’ notice; for unforeseen appointments, notice as soon as practicable is expected.

Employers in NYC should ensure that their policies are updated and to train staff, adjust systems, to ensure compliance.

Contact Rimon Law if you have any questions.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.