New York State is once again at the forefront of new progressive labor laws supporting women’s productive rights. Revisions to Section 196-b of the New York Labor Law were recently signed into law, mandating that as of Jan. 1, 2025, all employers are required to provide employees with up to 20 hours of paid prenatal personal leave each year.

“Paid Prenatal Personal Leave” means “leave taken for the health care services received by an employee during their pregnancy, . . .including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.”1

All employees may take up to 20 hours of paid personal leave for prenatal medical care received in any 52-week calendar period. This leave may be taken in hourly increments, paid at the employee’s regular pay rate. Unused prenatal personal leave is not required to be paid upon an employee’s termination.

All employers within the state of New York, regardless of the size of the business or number of employees, must provide this leave. This applies even to those small employers required only to provide unpaid sick leave. Employers are also required to reinstate employees to their original position or an equivalent one upon their return from prenatal personal leave.

Employers are prohibited from requiring employee disclosure of confidential information to substantiate their request for paid prenatal personal leave. Employers may not request medical verification of any kind relative to this leave unless the leave is used for three or more consecutive days.2 Retaliating against employees who take prenatal leave is also prohibited.

As with any legal provisions, employers should stay informed about employee rights and employer responsibilities under the laws to ensure compliance and promote a healthy, productive work environment. We expect that the New York Department of Labor will publish regulations or FAQs to clarify our substantive concerns in the coming months.

For more guidance, please contact us at 631-738-9100.

Related Laws and Benefits

Section 196-b is separate and apart from existing state laws that protect the other rights of employees related to pregnancy. For example:


• New York Paid Sick Leave Law 3
• New York City Paid Safe and Sick Time Law 4
• Right of Nursing Employees to Express Breast Milk in the Workplace5
• Maternity Leave under NYS Paid Family Leave Law6
• Paternity Leave under NYS Paid Family Leave Law7
• Federal Family and Medical Leave Act (FMLA)8

  1. N.Y. Labor Law § 196-b (2020).
  2. N.Y. Comp. Codes, R. & Regs. tit. 12, § 196-1.3.
  3. N.Y. Comp. Codes, R. & Regs. tit. 12, § 196-1.3.
  4. N.Y. Comp. Codes R. & Regs. tit. 22, § 24.6, 22 NY ADC 24.6.
  5. N.Y. Labor Law § 206-c (McKinney).
  6. N.Y. Comp. Codes, R. & Regs. tit. 12, § 380.
  7. N.Y. Comp. Codes, R. & Regs. tit. 12, § 380.
  8. 29 U.S.C.A. § 2615.