New York has amended its sick leave law (Labor Law § 196-b) to provide paid prenatal personal leave to all employees. Effective January 1, 2025, all employers shall be required to provide their employees with 20 hours of paid prenatal personal leave per 52-week period. Prenatal personal leave is leave taken by an employee “during their pregnancy or related to such pregnancy,” including for physical examinations, medical procedures, monitoring and testing, and discussions related to pregnancy with a health care provider. Prenatal personal leave may be taken in hourly increments.

Unlike overlapping leaves that run concurrently, prenatal personal leave is in addition to the paid or unpaid sick leave already required by New York law. Moreover, unlike sick leave currently required in New York, an employee qualifies for paid prenatal personal leave immediately upon hire.

Similar to current requirements applicable to sick leave, an employer shall be prohibited from requiring an employee to disclose confidential information relating to an absence qualifying for paid prenatal personal leave. Thus, the law precludes an employer from requiring that an employee provide a doctor’s note with substantive detail concerning leave.

The Department of Labor will likely issue guidance prior to the amendment’s effective date. The guidance may also address what constitutes a leave “related to . . . pregnancy,” which will likely be broader than traditional notions of prenatal care. In the meantime, employers should be prepared for this change and revise their handbooks and policies to reflect it.

Murtha Cullina’s Labor and Employment practice will monitor the Department of Labor’s release of guidance interpreting the amendment, as well as issues relating to the amendment’s implementation. If you have any questions, please do not hesitate to contact Sal Gangemi at sgangemi@murthalaw.com or at 203.653.5436.

Tags: New York Department of Labor, New York Law, Prenatal Personal Leave, Sick Leave
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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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