2025 began with New York Governor Kathy Hochul expanding benefits and protections for pregnant employees: part of an initiative to reduce maternal and infant mortality rates in NY. Among these changes is a requirement that all employers, regardless of size, provide their employees with at least 20 hours of paid prenatal leave for every 52-week period for prenatal care. “Prenatal Care” is defined as “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.”

Then in May, the New York City Department of Consumer and Worker Protection (DCWP) finalized its own amendments to employee leave requirements in the Rules of the City of New York (RCNY). These amendments don’t just incorporate but expand upon NYS Prenatal Personal Leave law. As of July 2025, Employers in New York City have additional requirements to accommodate—both in notifying employees and record-keeping.

What Must NYC Employer Updated Policies Include?

Shared Requirements of NYS and NYC Paid Prenatal Personal Leave Law (PPPL)

These 2025 amendments (Labor Law § 196-b) guarantee all private-sector employees in New York 20 hours of paid leave for prenatal healthcare appointments, both before and during the course of their pregnancy. Regardless of size, employers must offer 20 hours of paid prenatal leave in addition to other benefits (like sick leave). Employers may not force employees to expend other forms of leave—such as vacation time—to accommodate prenatal care needs.

There is no minimum amount of time an employee must work for an employer before earning access to paid prenatal Personal leave. The 20 hours are not tied to any calendar year; they are based on a 52-week period from the first time an employee uses the leave.  Employees must notify employers they are using the Paid Prenatal Leave in the same way they would request or notify the employer regarding other time off.

The NYS Prenatal Leave Law (Labor Law § 196-b) specifies that the 20 hours of paid prenatal leave is only for the employee who is pregnant to attend their own prenatal healthcare appointment. Meaning, partners are not entitled to take this specific form of leave for their partner’s medical visits.

Under NYS law, employers are not beholden to any additional record-keeping requirements specific to paid prenatal leave. Nor are employers required to pay this prenatal leave out should it go unused by an employee, whatever the employee’s pregnancy status.

Also, this 20 hours is mandated per 52-week period (beginning from the first day of claimed leave), not per pregnancy. Should an employee have multiple pregnancies over a single 52-week period, employers are only required to furnish 20 hours of paid prenatal leave over that time. Bear in mind that employers remain beholden to the Pregnant Workers Fairness Act (PWFA), which requires reasonable accommodations be provided to employees facing limitations due to pregnancy.

What Additional ESSTA Requirements Do NYC Employers Have Under RCNY?

New York City employers have three requirements in addition to their New York State requirements: to provide DCWP notice of employee rights, update their written policies in compliance with ESSTA Paid Prenatal Personal Leave amendments, and enhanced record keeping/communication of employees’ available leave balance.

1. DCWP Notice of Employee Rights

NYC employers have until August 1, 2025 to provide their employees with the NYC Department of Consumer and Worker Protection’s (DCWP) most recent Notice of Employee Rights in an area/s both available and conspicuous to all employees.

2. Update Written Policy in Compliance with ESSTA Paid Prenatal Leave Amendments

NYC Employers have until July 16, 2025, to both update their employee policies and distribute that written policy to their employees. Employer policies must reflect NYS and NYC amendments to Paid Safe and Sick Leave Law. The DCWP, who enforces NYC ESSTA, has published a FAQ guide for employers which reflects these updates.

By NYS law, employers must permit employees to use prenatal leave in HOURLY increments. Meaning, if an employee only needs one hour of paid prenatal leave to attend a healthcare appointment, and the employee is available to work the remaining hours of the day, the employee must be permitted to work those hours. This state requirement must be reflected in your written employer policies.

NYC rules, however, further allow employers to establish a minimum time increment of paid prenatal leave shorter than one hour—provided it is reasonable to do so. For example, an employer can establish 30-minute increments. In that case, should an employee require only 30 minutes of leave for an appointment, that employee is free to work the other 30 minutes of that hour and keeps the remaining 30 minutes of unused leave. Your written policies must reflect the minimum time increment your employees may use for paid prenatal leave: whether it is one hour or less than one hour.

3. Enhanced Record Keeping and Communication of Available Paid Prenatal Leave Balance

NYS law does not provide much guidance on record-keeping beyond recommending it in general. NYC employers, however, are now required to maintain records of paid prenatal leave for at least three years.

For any pay period an employee makes use of this benefit, employers are also required to provide statements (such as paystubs) with the amount used and their remaining balance of available paid prenatal leave for that 52-week period.

NYC Employers are Beholden to NYS and NYC Law

New York City employers are now responsible for compliance with these NYC-specific additions to extant New York State paid prenatal leave. Take care to ensure your payment practices and leave policies are in accord with these updated NYC policies, as well as the other NYS changes impacting paid leave that have taken effect in 2025.

New York State and NYC employment are subject to laws and regulations that differ significantly from those in the private sector; consulting with an employment lawyer can make all the difference. Tully Rinckey’s team of dedicated employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Nancy Nissen, Esq. is a Partner at Tully Rinckey, PLLC’s office in White Plains, New York, where she primarily focuses her practice on family and matrimonial law, with an additional concentration on labor and employment law. Nancy is a trained mediator approved by the NYS Unified Courts System Office of ADR, mediating disputes in family and matrimonial law. Nancy also has experience in Education Law, assisting prior family law clients in the areas of IEP’s, 504 plans, and dealing with grievances for college students.