In response to New York State’s newly enacted paid prenatal leave mandate, the New York City Department of Consumer and Worker Protection (DCWP) has revised its regulations under the NYC Earned Safe and Sick Time Act (ESSTA). These amendments, which take effect on July 2, 2025, incorporate specific requirements for the administration of prenatal leave by employers within the city.
Overview of the Statewide Mandate
Starting January 1, 2025, all New York employers must provide up to 20 hours of paid leave in any 52-week period for prenatal medical appointments and pregnancy-related healthcare services. This benefit is immediately accessible to employees upon a qualifying need and is in addition to other leave entitlements, including sick leave. Employers are prohibited from demanding sensitive medical details or documentation as a condition for using this leave.
Key Changes to ESSTA Rules
To harmonize local requirements with the state law, NYC’s updated ESSTA rules clarify several employer responsibilities:
1. Pay Stub and Leave Usage Disclosure
For every pay period during which an employee uses paid prenatal leave, employers must inform the employee in writing of:
- The amount of paid prenatal leave used during that pay period, and
- The remaining balance available.
This disclosure can be provided on the employee’s pay stub or in a separate written statement, similar to ESSTA’s existing reporting obligations.
2. Mandatory Written Policy
Employers must now implement a standalone written policy addressing paid prenatal leave. At a minimum, this policy must include:
- A clear statement that employees are entitled to a separate bank of 20 hours of paid prenatal leave per 52-week period.
- Rules regarding how leave can be requested and in what increments.
- Disciplinary guidelines for misuse.
- A confidentiality statement affirming that employees will not be required to disclose private health information and that any information received will be kept confidential.
Employers must distribute this policy:
- At the time of hire,
- Within 14 days of any revisions, and
- Upon employee request.
3. Use of Other Leave Prohibited
The new rules align with guidance from the New York State Department of Labor in affirming that employers:
- May not require employees to use or exhaust other leave before or instead of paid prenatal leave, and vice versa.
- May not mandate substitution of prenatal leave with other forms of leave.
However, with mutual agreement, employers and employees may opt to modify work schedules instead of using prenatal leave time.
4. No Make-Up Time or Shift Coverage Required
Employers cannot require employees who use paid prenatal leave to:
- Work extra hours to compensate for missed time, or
- Find someone to cover their shift during their absence.
Next Steps for Employers
With the July 2, 2025 effective date approaching, NYC employers should:
- Review and update workplace policies and handbooks to include a compliant prenatal leave policy.
- Adjust payroll systems to track and report prenatal leave usage.
- Train HR and supervisory staff on the new requirements and confidentiality obligations.
If you have any questions regarding Prenatal Leave Law, please contact any member of the Forework team.