New York City Issues Final Regulations on Paid Prenatal Leave

In our prior Client Alerts, we advised employers of New York State’s Paid Prenatal Leave Law, effective January 1, 2025. In summary, the statute amended Labor Law § 196-b to mandate that private-sector employers provide up to 20 hours of paid leave within any 52-week period for pregnant employees to attend health-care appointments and obtain related services. This leave is in addition to other sick, safe, and paid time off entitlements, and must be paid at the employee’s regular rate of pay and be available in hourly increments.

New York City has now finalized companion regulations under the Earned Safe and Sick Time Act (“ESSTA”). The Department of Consumer and Worker Protection (“DCWP”) amendments, effective July 2, 2025, incorporate the state requirements and add several city-specific obligations for employers. Key takeaways follow.

1. Mandatory Written Prenatal Leave Policy

Unlike the state statute, the ESSTA regulations require employers to maintain a standalone, written prenatal leave policy. At minimum, the policy must:
• identify the separate 20-hour bank;
• spell out any employer rules on requesting, scheduling, and documenting prenatal leave;
• set any minimum increment (no more than one hour); and
• affirm confidentiality and a prohibition on inquiries into the employee’s medical details.

The policy must be distributed upon hire, within 14 days of any changes, and upon request.

2. Pay-Period Balance Notifications

For each pay period in which an employee uses prenatal leave, employers must provide written notice of (a) hours taken that period and (b) the remaining balance for the 52-week cycle. The information may appear on the pay stub or in a separate document delivered concurrent with payroll. The state law has no such requirement.

3. Expanded Record-Keeping

Employers must keep, for three years, records showing the date, time, and amount paid for every prenatal-leave instance, together with period-to-date usage and running balances. These records must be produced to DCWP upon request.

4. Updated Notice of Employee Rights

DCWP has issued a revised “Notice of Employee Rights” that now lists prenatal leave. The notice must be posted conspicuously at each NYC worksite and provided to employees individually (electronic delivery is permissible).

5. Employee Notice & Documentation

• Notice to Employer – Employers may require that an employee provide “reasonable notice” of the need for leave. That notice may be up to seven days for foreseeable leave and as soon as practicable for unforeseeable leave.
• Documentation – Employers may ask for documentation to support the leave only when the leave exceeds three consecutive workdays and must give employees at least seven days after returning to work to supply that documentation. Note, however, that the requirement of such documentation appears to be in conflict with guidance from New York State.

Next Steps

To comply with these new obligations, employers should:

1. Draft or update written prenatal-leave and ESSTA policies
2. Integrate pay-period balance statements into payroll systems.
3. Develop record-retention protocols that capture the data elements specified by DCWP.
4. Post and distribute the revised DCWP notice.
5. Train HR, payroll, and managers on the interplay between state law, ESSTA, and other leave programs.
6. Consult counsel before requesting medical documentation to support a leave in light of the potential conflict between the state guidance and NYC rules.

Please feel free to contact any of our employment attorneys if you have any questions.

NOTICE: Material provided on this website has been prepared by Kauff McGuire & Margolis LLP solely for general informational purposes, and it is not intended to and does not constitute legal advice. Material provided on the website is not privileged and does not create an attorney-client relationship with the Firm or any of its lawyers.