1. What is the New York Paid Prenatal Leave Law?
As of January 1 2025, the New York Paid Prenatal Leave Law gives employees the right to 20 hours of paid time off per year (starting from the first time you use Paid Prenatal Leave) to receive healthcare services during pregnancy or related to pregnancy.
The Paid Prenatal Leave Law provides additional paid time off in addition to Paid Sick Leave, which can also be used for prenatal care or any health-related needs. Learn more about New York Paid Sick Leave here.
As with Paid Sick Leave, your employer is responsible for paying you directly for your Paid Prenatal Leave time just like they would pay you for hours you worked—no claim or application needed.
2. Am I covered under the Paid Prenatal Leave Law?
If you work as an employee in New York State, you are probably covered, whether you are a full-time, part-time, or temporary worker. Workers are covered regardless of immigration status. However, the law does not cover federal, state, and municipal employees or independent contractors.
It doesn’t matter if you are new to your job. All employees automatically have the right to 20 hours of Paid Prenatal Leave when they start a new job and can use it right away.
3. What exactly can Paid Prenatal Leave be used for?
The law states that you can use Paid Prenatal Leave to get “heath care services” while pregnant or “related to” your pregnancy, including but not limited to:
- Physical examinations
- Medical procedures
- Monitoring and testing
- Discussions with a healthcare provider related to your pregnancy
According to the New York Department of Labor’s guidance, you can also use Paid Prenatal Leave for:
- Fertility treatment
- End-of-pregnancy care appointments
You cannot use Paid Prenatal Leave for post-natal or postpartum appointments.
You cannot use Paid Prenatal Leave to accompany another individual to a prenatal appointment.
4. How do I go about using Paid Prenatal Leave?
To use Paid Prenatal Leave, you just have to tell your employer that you need to use Paid Prenatal Leave. You should give advance notice to the extent possible. The law doesn’t require that you provide notice in a specific way, but you should follow your employer’s standard procedure for reporting absences, if they have one.
5. How much do I get paid for Paid Prenatal Leave?
You get paid at either your regular pay rate or the applicable minimum wage, whichever is greater. For example, if you are a retail worker who normally earns $19 per hour, then you get $19 per hour for each hour of Paid Prenatal Leave you use. If you are a tipped restaurant worker or other worker who relies on tips to bring you up to the minimum wage, then you get the regular minimum wage for each hour of Paid Prenatal Leave you use.
6. Do I have to use a minimum amount of Paid Prenatal Leave at one time?
Paid Prenatal Leave can be used hour-by-hour. So the minimum amount of Paid Prenatal Leave you can use at one time is 1 hour.
7. Do I have to provide a doctor’s note or tell my employer what exactly I’m using Paid Prenatal Leave for?
According to the New York Department of Labor’s guidance, your employer cannot make you submit a doctor’s note to use Paid Prenatal Leave. Your employer also cannot make you share personal or confidential information about your health or the type of appointment you are going to.
8. What if I only need to miss part of the workday to attend my prenatal appointment?
Since Paid Prenatal Leave can be used hour-by-hour, your employer cannot make you use a whole day’s worth of Paid Prenatal Leave if you don’t need it. Your employer also cannot cut your hours/pay because you used Paid Prenatal Leave. This could be considered illegal retaliation.
9. Can I be punished for using or requesting Paid Prenatal Leave?
No. It is illegal for an employer to retaliate against you for using or requesting Paid Prenatal Leave. Firing you, demoting you, cutting your pay or hours, penalizing you under your company’s attendance policy by giving you a “point” or an “occurrence” for your absence, deducting other additional forms of leave (such as paid sick leave), or writing you up for your absence are all examples of unlawful retaliation.
10. Can my employer reduce my paid sick leave, vacation, or PTO allotments because I used Paid Prenatal Leave?
No. The New York Department of Labor has noted that your employer cannot reduce your paid sick leave or any other paid leave allotments that you may have available such as paid time off (PTO) or vacation because you used Paid Prenatal Leave. This is considered illegal retaliation (see previous question).
11. Can my employer make me use up my paid sick leave, vacation, or PTO before using Paid Prenatal Leave?
No. According to the New York Department of Labor’s guidance, you cannot be required to use up your paid sick leave or any other employer-provided benefits your company may offer such as paid time off (PTO) or vacation before being able to use your Paid Prenatal Leave.
12. What if I need more than 20 hours of time off for prenatal care?
Any New York Paid Sick Leave you have available can also be used for prenatal care purposes. If you don’t have any other paid leave available after using up your Paid Prenatal Leave, your employer may be required under the Pregnant Workers Fairness Act, Americans with Disabilities Act, New York State Human Rights Law, and/or New York City Human Rights Law to give you unpaid time off without penalty as a reasonable accommodation, unless they could show that doing so would impose an undue hardship on the company.
13. Where can I file a complaint if I believe my employer has violated my rights under the Paid Prenatal Leave Law?
If you believe your employer has violated your rights under the Paid Prenatal Leave Law, you can file an online complaint with the New York State Department of Labor’s Division of Labor Standards.
14. What other options do I have for taking paid leave to care for my health and bond with my baby during and after my pregnancy?
If you are covered by Paid Prenatal Leave, you are also covered by Paid Sick Leave, and can use up to 56 additional hours for prenatal care or other pregnancy-related health needs. Learn more about New York Paid Sick Leave here.
In addition to Paid Prenatal Leave and Paid Sick Leave, you may also be entitled to Paid Family Leave and Temporary Disability Insurance. Neither of these laws can be used for prenatal care, but they can provide additional support during and after your pregnancy.
Paid Family Leave allows you to take up to twelve weeks of job-protected leave to bond with your new baby at 67% of your usual pay rate. For more information about New York Paid Family Leave, see here.
Temporary Disability Insurance allows you to receive up to $170 a week when you need to take time for a serious medical need, and can be used during pregnancy or to recover after giving birth. For more information about New York Temporary Disability Insurance benefits, see here.
15. What if I have more questions about my rights related to Paid Prenatal Leave or other laws?
More information about Paid Prenatal Leave is available on the New York Department of Labor’s website here. If you have more questions about your rights related to Paid Prenatal Leave or other laws that can help you take the time off you need during and after your pregnancy, you can reach out to A Better Balance’s free and confidential legal helpline.
