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Paid Prenatal Leave Law Guidance Issued by NY Department of Labor

December 18, 2024

New York state expanded their Paid Safe and Sick Leave, becoming the first state to provide paid prenatal leave. Effective as of January 1, 2025, all private employers are required to provide each of their employees with 20 hours of paid prenatal leave during any 52-week calendar year.


This time can be used for services related to the employee’s pregnancy, including the following healthcare services:

  • Physical examinations
  • Testing
  • Monitoring
  • Medical procedures
  • Discussions with healthcare providers


The following guidelines were issued by the New York State Department of Labor (DOL) relative to this new Paid Prenatal Leave law.

  • Prenatal leave is available to all private sector employees regardless of employer size, and regardless of full/part-time or overtime exempt/non-exempt status
  • Prenatal leave cannot be used by spouses or partners of the pregnant individual
  • Prenatal leave law applies to fertility treatment appointments and end-of-pregnancy care appointments, but cannot be used for any post-natal or postpartum appointments
  • Employees can use their 20 hours of Paid Parental Leave in addition to other available leave options, including New York State Sick Leave Law
  • Employers are not required to provide more than 20 hours of Paid Parental Leave, but may do so if they wish
  • Employers cannot ask employees to submit medical records or medical documents, or disclose any confidential information about any health conditions
  • Employees are not required to but are encouraged to give advance notice of leave under this act; employers can request medical records and documentation in relation to a leave request.
  • Employers are not required to pay unused leave upon separation of employment.


New York state employers should review and update their leave policies with the Paid Prenatal Leave Law prior to January 1, 2025 to ensure compliance.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways 1. Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. 2. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. 3. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process . If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
March 28, 2025
The Royal Law Firm was a Finalist for Best Law Firm in The Best of The Valley Readers' Poll for 2025, as published by the Valley Advocate! Thank you to everyone who voted for us, and to those of you who trust us to help you in times of need. Click here to check out all of the category winners and finalists.
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