Paid prenatal leave in New York: 20 paid hours for pregnancy care

What is it?

A separate bank of 20 paid hours for health care you receive during your pregnancy or related to it, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider (§ 196-b(4-a)). The DOL's fact sheet also lists end-of-pregnancy care and fertility treatment.

Who qualifies?

All full-time and part-time private-sector employees, including overtime-exempt employees and employees of nonprofits. There's no minimum number of hours you must work first; new employees can use it as soon as they are hired. Only the pregnant employee receiving care can use it: a spouse or partner going to appointments can't use prenatal leave (but may be able to use sick leave). Federal, state and local government employees aren't covered.

Exceptions

• It can't be used for health care after the pregnancy has ended.
• Unused hours don't carry over to the next 52-week period, and your employer doesn't have to pay you for unused hours when you leave (§ 196-b(4-a)).
• Employers may offer more than the law requires (§ 196-b(2)).
• New York City has its own paid prenatal leave rule enforced by DCWP, with the same 20 hours; DCWP says employers there can set a minimum increment of no more than one hour per day.

How much?

20 hours of paid leave in any 52-week period, regardless of the employer's size. You're paid your regular rate of pay or the applicable minimum wage, whichever is greater (§ 196-b(4-a)). If you earn a tipped (sub-minimum) cash wage, the DOL says you must be paid the full minimum wage for your region for prenatal leave hours.

How is it calculated?

Prenatal leave doesn't build up; all 20 hours are available at once. The 52 weeks start the first time you use it. The DOL's example: if you first use prenatal leave on June 1, 2025, you have 20 hours through May 31, 2026; if you next need it on August 2, 2026, a new 52-week period with 20 hours begins that day. You can take it in hourly increments — for a one-hour appointment, use one hour and return to work.

What documents do you need?

• None required by law: your employer can't require you to disclose confidential medical information as a condition of the leave (§ 196-b(5)(a)), and the DOL says you don't have to submit medical records.
• Keep a copy of each request and the hours used.

How do you get it?

1. 1

   Tell your employer

   Request it the same way you'd request other paid time off. Telling your employer in advance is encouraged but you must be allowed to use it when you request it, until your 20 hours are used.

2. 2

   Say it's prenatal leave

   Your employer can't make you use a different type of leave (like sick leave or vacation) instead if you ask for prenatal leave.

3. 3

   Check your pay stub

   Make sure the hours are paid at your regular rate or the minimum wage, whichever is higher.

What if they refuse?

Retaliation is illegal (§ 196-b(7)): the DOL gives examples such as reducing your other leave because you used prenatal leave, changing your hours or location after you ask for it, or firing or demoting you. When you return, you must be restored to your position with the same pay and terms (§ 196-b(10)). File a complaint with the NYS Department of Labor (1-888-52-LABOR, LSASK@labor.ny.gov). For pregnancy discrimination, you can also file with the NYS Division of Human Rights. In NYC, you can also complain to DCWP by calling 311.

Deadlines

Use your 20 hours within the 52-week period that started with your first use. Complain promptly: retaliation claims under Labor Law § 215 must be brought in court within two years, NYC complaints to DCWP or in court within two years, and Human Rights Law complaints to the Division of Human Rights within three years for acts on or after February 15, 2024.

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. Labor Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 196-b(2), (4-a), (5)(a), (7), (10); § 215 · Checked: October 30, 2026
  20 hours per 52 weeks, covered care, pay rate, privacy, retaliation, restoration
• Paid Prenatal Leave Law — Employee Fact Sheet (P695) (opens in a new tab)
  New York State Department of Labor · Checked: October 30, 2026
  Who's covered, tipped workers' pay, the 52-week example, no medical records, retaliation examples, complaints
• Protected Time Off Law (Earned Safe and Sick Time Act) FAQs (opens in a new tab)
  NYC Department of Consumer and Worker Protection (DCWP) · Checked: October 30, 2026
  NYC paid prenatal leave and complaint deadline
• File a Complaint — NYS Division of Human Rights (opens in a new tab)
  New York State Division of Human Rights · Checked: October 30, 2026
  Pregnancy discrimination complaints
• New York State Paid Prenatal Leave (opens in a new tab)
  The State of New York (ny.gov) · Checked: October 30, 2026
  State overview and complaint link

Related questions

• Does my employer need a doctor's note? · Paid sick leave in New York: up to 40 or 56 hours a year, plus more in New York City
• Can I use sick leave to care for my child or parent? · Paid sick leave in New York: up to 40 or 56 hours a year, plus more in New York City
• My leave starts in December and runs into January. Which year's rate applies? · Paid Family Leave in New York: 12 weeks of job-protected, partly paid leave
• Can I use PFL for my own surgery? · Paid Family Leave in New York: 12 weeks of job-protected, partly paid leave
• My employer has only five employees. Does the law apply? · Discrimination at work in New York: your rights under the Human Rights Law and where to file
• How long do I have to file with the Division of Human Rights? · Discrimination at work in New York: your rights under the Human Rights Law and where to file

Related guides

• Your rightPaid sick leave in New York: up to 40 or 56 hours a year, plus more in New York City
• Your rightPaid Family Leave in New York: 12 weeks of job-protected, partly paid leave
• SituationDiscrimination at work in New York: your rights under the Human Rights Law and where to file
• Your rightReasonable accommodation at work in New York: disability, pregnancy and religion
• SituationPunished for complaining about pay or working conditions in New York: retaliation and what to do
• What to do nowFired or laid off in New York: what to do in the first days and what you may be owed