Here’s what working mothers need to know:

On January 1st, 2025 New York became the first state in the country to require paid leave for prenatal healthcare services like OBGYN appointments. New York employers must provide up to 20 hours paid leave during any 52 week period for employees to receive prenatal care under Section 196-b of the New York Labor Law.

What You’re Entitled to as a Pregnant Employee

Eligible employees have a right to 20 hours of paid prenatal leave annually. All new hires are eligible for paid prenatal leave starting on day one. Your employer cannot require any minimum working period before you can use your paid prenatal leave.

Paid Prenatal Leave is in Addition to FMLA and NY Paid Family Leave

The 20 hours of paid prenatal leave stand-alone. This means that your employer must offer this paid time off in addition to other leave policies like paid vacation, New York State Sick Leave, New York City Earned Safe and Sick Leave, FMLA leave, or New York Paid Family Leave. 

Although prenatal care appointments have often been covered by the NYS Sick Leave Law or an employer’s existing leave policy,  you now have the right to choose which leave-type to draw from. Your employer cannot force you to use or exhaust another leave-type before using your Paid Prenatal Leave paid time off. 

Who Qualifies for New York Paid Prenatal Leave?

All employees working for private-sector employers receiving prenatal care qualify. Unfortunately, the law reserves Paid Prenatal Leave for the employee directly receiving prenatal care. A spouse, partner, or other family members are not entitled to Paid Prenatal Leave. However, other laws may protect your right to attend prenatal appointments with your spouse or partner. Contact our firm to learn more.

Employers Cannot Retaliate Against You for Requesting Paid Prenatal Leave

It is illegal for an employer to punish or fire you for requesting or using your protected leave. Retaliation may include things other than firing you: like refusing to schedule you, reducing your hours, making negative comments about you requesting time off for prenatal care, or failing to consider you for a promotion, among others. 

Contact Seppinni Law

If you experienced retaliation or a violation of your Paid Prenatal Leave rights, you don’t have to face your employer alone. Our team at Seppinni Law is ready to stand up for you. We pursue our clients’ claims aggressively to ensure our clients receive the justice and compensation they deserve. 

Please contact the employment lawyers at Seppinni Law below and a member of our team will be in touch shortly: