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.
Friday April 18th: Amy Royal, Fred Royal, and Derek Brown attended the Springfield Thunderbirds playoff game! They enjoyed watching the Thunderbirds play the Charlotte Checkers from the Executive Perch.
Employee's Wage Act Claim Case Overview : In Turgut v. Hitachi Rail STS USA, Inc., Plaintiff filed a putative class action against a company, Defendant, alleging violation of the Wage Act by not paying wages within six days of the pay period's end. Defendant argued that its employees fell under the exception that allowed seven days for payment; however that exception only applies to hourly workers that work all seven days of a work week. The plaintiff is looking to represent a class of employees that received W-2 wages in what he alleges was in an untimely manner. The case was originally filed in state court on February 20, 2025 but was moved to federal court. Reason for Treble Damages: Under Rueter v. City of Methuen, the seminal case regarding the Massachusetts Wage Act (“Wage Act”), the proper measure of damages under the Wage Act is treble damages. Previously employees were only entitled to interest on the unpaid wages if the company paid before proceedings started. It kept noncompliance from being as costly as it is now. Currently any violation can be subjected to treble damages for the total amount of the alleged late payment. It’s expected that we will see more cases pick up by attorneys because the treble damages make it worthwhile for their clients as well as themselves, given this recent ruling. Judge's Ruling : The Judge ruled that the six-day deadline applies. The Judge stated that while the complaint didn’t make it clear if plaintiff is hourly or salary, plaintiff only worked five days a week, meaning that the seven-day exception did not apply as the Wage Act was written. Legal Implications Legislative History : The Wage Act provides different deadlines for an employee’s final pay based on the number of days worked in a week. This case also emphasizes that having salaried workers on staff does not fulfill the requirement of having employees work seven days a week. Significance of One Day : The judge emphasized that even a single day's delay in payment can significantly impact employees living paycheck to paycheck. What Employers need to know Make sure you’re aware of your employees’ pay cycle and make compliance a company priority. It’s more cost effective to pay a day or two earlier than it is to head to court over claims of violations. This ruling expands on the Reuter ruling by clarifying the Wage Act rules in relation to hourly employees. If an hourly employee resigns, ensure that automatic payment systems (as well as the employer’s own internal pay systems) are aligned with the requirements of this ruling. 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.
