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fact sheet
On April 19, 2024, Governor Hochul signed an amendment to New York Labor Law § 196-b. The amendment expands the statewide Paid Family Leave (PFL) policy to provide 20 hours of paid prenatal personal leave per 52-week period for pregnant employees at all New York private sector employers, regardless of size. New York is the first state to mandate Paid Prenatal Leave as part of Governor Hochul’s initiative to improve maternal health.
Beginning January 1, 2025, pregnant workers in New York may have additional paid time off available to them for physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. Paid prenatal personal leave is in addition to paid sick and safe leave (40 or 56 hours, depending on the size of the employer) paid family leave employees in New York are currently entitled to and in addition to the separate bank of paid safe leave available to employees working in Westchester County, New York.
Please stay tuned for updates as the New York State Department of Labor is expected to issue regulations regarding this new law.
Paid prenatal personal leave must be taken in hourly increments. Employees are entitled to receive compensation for paid prenatal personal leave at their regular rate of pay or at the applicable minimum wage, whichever amount is higher. Employers have up to 14 days to process payment.
Employers may ask for medical or other documentation, although the law does not specify the documentation and employee notice requirements. Additionally, employers are not obligated to compensate employees for any unused prenatal personal leave upon their separation from employment.
To effectively manage compliance with workforce regulations, you need a thorough understanding of relevant labor laws, along with clear guidelines and processes in place. Handling these complexities can be challenging, which is why partnering with an expert like Atrium is important. Our team of compliance experts is well-versed in the evolving legislative landscape of federal/state guidelines and regulatory compliance.
If you are a client of Atrium, you can rest assured that we will review, approve, process, and track paid prenatal personal leave for Associates in the State of New York. Additional charges are subject to the terms set forth in your services agreement with Atrium.
*The information provided on this fact sheet does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available here are for general informational purposes only.
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