New York, NY: Amendments to ESSTA Clarify Paid Prenatal Leave Requirements
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APPLIES TO All Employers with Employees in New York City |
EFFECTIVE July 2, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
Effective July 2, 2025, amendments to New York City’s Earned Safe and Sick Time Act Rules (Rules) clarify the Paid Prenatal Leave requirements which went into effect on January 1, 2025. The most significant updates are summarized below.
Defining Paid Prenatal Leave. Paid prenatal leave is clarified to have the same definition as that of paid prenatal personal leave in the New York Labor Law. This definition is “leave taken for the 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.”
Minimum Usage. A written policy can require minimum usage of one hour per day.
Notice. Employers can require employees to provide reasonable notice of the need to use paid prenatal leave as long as the requirements are reasonable and detailed in a written policy. Procedures for when the need for leave is foreseeable and unforeseeable should be included. The requirements for unforeseeable leave cannot include that an employee appear in person or deliver any document to the employer prior to using leave. Leave is foreseeable when the employee is aware they need leave seven days or more before such use.
Documentation. Reasonable written documentation can be required when paid prenatal leave results in an absence of three or more consecutive workdays only. Reasonable written documentation is written documentation signed by a licensed clinical social worker, licensed mental health counselor, or other licensed health care provider indicating the need for the amount of time taken. Documentation cannot require disclosure of details except the dates the employee needs to use leave. An employee has a minimum of seven days from the date they return to work to obtain documentation. If a fee is required for such documentation, the employer shall reimburse the employee for the fee.
Wage Statements. For each pay period that an employee uses paid prenatal leave, the employer must inform the employee of the amount of paid prenatal leave used during the relevant pay period and the total balance of paid prenatal leave available for use, either on the pay statement or other form of written documentation required by Section 20-919(c) or in separate written documentation. This is in addition to the requirement to provide the total balance of the employee’s safe and sick time available for use.
Rate of Pay and Overtime. The regular rate of pay for paid prenatal leave shall not be less than the highest applicable rate of pay to which the employee is entitled. If leave is taken during hours that would have been designated as overtime, the employer is not required to pay the overtime rate of pay. Pay must be provided no later than the payday for the next regular payroll period beginning after the leave was used by the employee.
Written Policy. A written policy must be provided to employees upon the start of employment, within 14 days of the effective date of any changes, and upon an employee’s request. A written policy must include:
- Method of calculating sick and safe time;
- The availability of a separate bank of 20 hours of paid prenatal leave;
- Limitations or conditions on its use;
- Notice and documentation requirements;
- Minimum increment for usage;
- Discipline for misuse of leave;
- A statement that the employer will not ask the employee to provide details about the medical condition that led the employee to use leave and that any information disclosed will be kept confidential; and
- Treatment of unused sick and safe time.
Interaction with Other Leaves. Unless there is a conflict with state or federal laws, an employer cannot require an employe to use other leave in lieu of paid prenatal leave, exhaust other leave before using paid prenatal leave, or use or exhaust paid prenatal leave before using other leave.
Employers with employees in New York City should update their leave policies and administration of paid prenatal leave as soon as possible since the effective date of the amended Rules is around the corner.
Action Items
- Read the amended Rules here.
- Revise paid prenatal leave policies.
- Update payroll processes.
- Have appropriate personnel trained on the requirements.
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