How does the New York Prenatal Leave Law work?

Quick answer

The New York Prenatal Leave Law provides up to 20 hours of paid leave per year, plus job and benefit protection, for employees attending qualifying pregnancy-related appointments — including physical exams, medical procedures, monitoring/testing, provider discussions, fertility treatment appointments, and end-of-pregnancy care. There is no tenure or hours-worked requirement. Employees receive full wages during this leave, taken in one-hour increments, and employers cannot request medical paperwork to support the time off. This leave is only for the pregnant employee's own prenatal appointments — it cannot be used by a spouse, partner, or other support person.

Who this applies to / Prerequisites

• Employers with at least one qualifying employee working in New York (applies to almost all employers, with limited exceptions)
• No tenure or hours-worked requirement for the employee
• Only available to the pregnant employee themselves — not spouses, partners, or other support persons

Qualifying appointments

1. Physical examinations related to the pregnancy.
2. Medical procedures related to the pregnancy.
3. Monitoring and testing related to the pregnancy.
4. Discussions with a healthcare provider related to the pregnancy.
5. Fertility treatment appointments (e.g., in vitro fertilization).
6. End-of-pregnancy-care appointments.

How the leave works

1. Confirm the employee is attending a qualifying prenatal appointment type listed above — there is no minimum tenure or hours-worked requirement to check.
2. The employee takes leave in one-hour increments, up to 20 hours total per year.
3. The employer pays full wages during this leave.
4. Employers must track these 20 hours separately from any other paid leave type, including sick leave and PTO.
5. Employers cannot request medical paperwork to support the time off.
6. FMLA runs concurrently when applicable; company paid leave does not run concurrently with this law.

What if it doesn't work

• Employee wants to use this leave for a postpartum or post-natal appointment: Not covered — this law applies to prenatal appointments only.
• A spouse or partner wants to use this leave to attend an appointment with the pregnant employee: Not permitted — this leave is only available to the pregnant employee themselves.
• Employer wants medical documentation for the appointment: Not allowed under this law — employers cannot request medical paperwork to support this leave.
• Employee's leave request looks like it's being pulled from sick leave or PTO: These 20 hours must be tracked separately from other paid leave types.
• If none of these apply, contact your Leave Success Manager.

Limits and exceptions

• This law applies to prenatal appointments only — it does not cover post-natal or postpartum appointments.
• Cannot be used by a spouse, partner, or other support person — only the pregnant employee.
• Employers cannot request medical paperwork to substantiate the leave.
• The 20 hours must be tracked separately from sick leave, PTO, or other paid leave.
• Leave must be taken in one-hour increments.
• FMLA runs concurrently when applicable, but company paid leave does not.

Related questions

• What appointments qualify for New York Prenatal Leave?
• Can my spouse use my prenatal leave hours to come with me?
• Does my employer need proof of my prenatal appointment?
• Is prenatal leave separate from my sick time?
• Does New York Prenatal Leave cover postpartum appointments?
• How many hours of prenatal leave do I get per year?