New York’s Prenatal Leave Law and Changes to NYC’s Earned Safe and Sick Time Law: What Employers and Counsel Need to Know
Last year, New York State introduce a stand-alone paid prenatal leave benefit, in addition to existing state paid sick leave based on employer size. Effective February 22, 2026, New York City is implementing amendments to its Earned Safe and Sick Time Act (ESSTA). Companies with employees in these locations should be aware of implementation and compliance steps for these benefits.
Statewide Paid Prenatal Leave: A Stand-Alone 20-Hour Benefit
In 2025, New York became the first state to mandate paid prenatal leave, requiring private employers of any size to provide 20 hours of paid time off per 52-week period for pregnancy-related health services.
New York’s Paid Prenatal Leave law amends Labor Law § 196-b to provide employees with 20 hours of paid leave per year for prenatal healthcare service appointments during, or related to, their pregnancy, effective January 1, 2025 . The benefit is separate from, and in addition to, NYS Sick Leave; employers cannot require employees to exhaust other leave or choose one leave type over another to access Paid Prenatal Leave. Coverage extends to all private-sector employees regardless of employer size, employment status, or tenure, and leave is available in hourly increments at the regular rate of pay or applicable minimum wage, whichever is greater.
This type of leave covers a variety of pregnancy-related appointments, including physical examinations, procedures, monitoring and testing, and consultations related to pregnancy, including fertility treatments such as in vitro fertilization. Postpartum appointments are not covered under this leave entitlement. Employees do not need to provide medical records or disclose confidential health details to request Paid Prenatal Leave, and employers may not request such information as a condition of granting leave. The 52‑week period is employee-specific and begins on the date the employee first uses Paid Prenatal Leave, and only 20 hours are available within any such 52‑week period regardless of the number of pregnancies. Unused Paid Prenatal Leave need not be paid out at separation, and employers may choose to provide more than 20 hours. Retaliation is prohibited, with examples including reducing other leave options or altering schedules or locations after a leave request; employees may submit complaints to the NYS Department of Labor’s Division of Labor Standards.
NYC Earned Safe and Sick Time Act (ESSTA) Updates
Effective February 22, 2026, NYC leave laws now include language that aligns with the statewide prenatal leave policy. In addition to existing accrued sick leave requirements based on employer size, the updated NYC law requires that employers must provide at hire and on the first day of each calendar year a minimum of 32 hours of unpaid safe/sick time that is immediately available and expands the reasons employees can use available leave under the act as follows:
Sick time covers the employee’s or a family member’s illness, preventive care, closure or restriction of operations due to a public health emergency or public disaster, and directions by public officials to remain indoors or avoid travel during a public disaster .
Safe time now explicitly includes circumstances where the employee or family member is a victim of domestic violence, family offense matters, sexual offenses, stalking, workplace violence, or human trafficking, with enumerated activities such as safety planning, relocation, legal proceedings, meeting with law enforcement or district attorneys, school enrollment changes, and other actions to protect health and safety .
Safe time also includes caregiving for a minor child or care recipient and participation in proceedings or actions to obtain, maintain, or restore subsistence benefits or housing for the employee, family member, or care recipient .
The documentations and notice requirements are as follows:
For absences exceeding three consecutive workdays, employers may require “reasonable documentation” for sick or safe time, with detailed confidentiality protections and reimbursement for reasonable costs associated with obtaining documentation .
Employers may require reasonable advance notice (up to seven days) for foreseeable uses and as-soon-as-practicable notice for unforeseeable uses.
Employers may request written confirmation that safe/sick time was used but may not require employees to search for replacements as a condition of taking leave.
Employers are prohibited from requiring disclosure of the underlying reason for safe/sick time and must maintain confidentiality of health and safe-time-related information obtained solely for leave purposes, subject to limited exceptions.
Employers must provide written notice of ESSTA rights, identify the employer’s calendar year, inform employees of anti‑retaliation and complaint rights, and conspicuously post the notice.
Each pay period, employers must provide the amount of ESSTA safe/sick time accrued and used, and the balance available for use under the accrual buckets specified by law.
Practical Implications and Compliance Steps
Private employers in New York state and city should ensure that their written policies comply with and provide notice of the applicable leave laws. Companies should also provide training to supervisors and HR team members on procedures for when an employee requests leave under these policies, as well as anti-retaliation laws.