By: HUB's Absence Management Team

Overview

On May 30, 2025, the New York City Department of Consumer and Worker Protection (DCWP) issued amended rules formally incorporating New York State's prenatal leave requirement into the Earned Safe and Sick Time Act (ESSTA). These amended rules provide specific guidance on how NYC employers must implement prenatal leave protections and establish NYC-specific enhancements. The provisions take effect on July 2, 2025. This update outlines the rule changes and provides guidance for employer compliance.

Key Changes to NYC ESSTA Rules on Prenatal Leave

Formal Integration of State Prenatal Leave Requirements

Amended rules: The NYC DCWP has formally incorporated New York State's prenatal leave law into ESSTA, clarifying that:

  • NYC employers must allow employees to use accrued sick leave for prenatal care appointments
  • Prenatal leave must be provided according to the same accrual rates as regular sick leave
  • Employees are entitled to use prenatal leave without fear of retaliation

Expanded Definition of Prenatal Care

NYC enhancement: The amended rules define "prenatal care" more broadly than state law to include:

  • Medical appointments directly related to pregnancy
  • Diagnostic testing and preventive care related to pregnancy
  • Mental health appointments related to pregnancy or postpartum care
  • Childbirth and parenting education classes
  • Physical therapy and other treatments for pregnancy-related conditions
  • Appointments with specialists for pregnancy complications

Documentation Limitations

NYC-specific requirements: The rules establish strict limitations on documentation:

  • Employers are prohibited from requiring any documentation for prenatal care absences of three or fewer consecutive workdays
  • For longer absences, employers may only request a note confirming the appointment was for prenatal care
  • Employers may not request information about the medical reason, diagnosis, or specific nature of prenatal appointments
  • Healthcare providers are not required to specify the type of prenatal care provided

Confidentiality Protections

Enhanced privacy provisions: The rules mandate that:

  • All information regarding an employee's prenatal care must be kept confidential
  • Records related to prenatal leave must be maintained separately from personnel files
  • Information about prenatal care may only be shared with individuals who need to know for leave administration purposes
  • Employers must establish procedures to safeguard the confidentiality of prenatal leave information

Notice and Posting Requirements

NYC-specific obligations: Employers must:

  • Post an updated Notice of Employee Rights that specifically mentions prenatal leave
  • Provide each employee with an updated written notice of rights by August 1, 2025 (within 30 days of the effective date)
  • Distribute notices in the employee's primary language when made available by DCWP
  • Include the prenatal leave policy in employee handbooks or other written policies

Anti-Retaliation Provisions

Strengthened protections: The rules enhance anti-retaliation provisions by:

  • Creating a rebuttable presumption of retaliation for adverse actions taken within 90 days of an employee requesting or using prenatal leave
  • Prohibiting employers from using prenatal leave as a factor in performance evaluations
  • Expressly prohibiting counting prenatal leave as an "occurrence" under absence control policies

Next Steps for Employers

Immediate Actions (By June 30, 2025)

  • Policy Review and Update: Revise sick leave policies to incorporate NYC's specific prenatal leave provisions
  • Documentation Protocols: Update procedures to eliminate documentation requirements for short prenatal absences
  • Privacy Procedures: Develop confidentiality protocols for handling prenatal leave information

Pre-Implementation Activities (By July 1, 2025)

  • Obtain Updated Notices: Secure the latest model notices from NYC DCWP
  • Update Record-Keeping Systems: Ensure systems can track prenatal leave while maintaining appropriate privacy
  • Train HR Personnel and Managers: Educate your team on:
    • The expanded definition of prenatal care
    • Documentation limitations
    • Privacy requirements
    • Anti-retaliation provisions
  • Review Absence Control Policies: Ensure prenatal leave is not counted as an occurrence under attendance policies

Post-Implementation Activities (July 2, 2025 onward)

  • Distribute Updated Notices: Provide all employees with updated written notice by August 1, 2025
  • Post Updated Workplace Notices: Display the new notice in a conspicuous location in each workplace
  • Update Employee Handbooks: Incorporate the prenatal leave policy into employee handbooks
  • Monitor Compliance: Conduct regular audits of your leave administration processes
  • Document Everything: Maintain thorough records of notices provided to employees

Additional Considerations

  • These rules apply to all employers with five or more employees in New York City
  • For employers with fewer than five employees, the obligation to provide paid prenatal leave remains contingent on annual net income
  • Multi-jurisdiction employers should review how this law interacts with other state and local leave laws
  • Consider providing specialized training to supervisors on handling prenatal leave requests sensitively

Additional Resources

For more information regarding NYC ESSTA and the prenatal leave rules, visit:

If you have any questions, please contact your HUB Advisor. We will continue to monitor and provide updates as more information becomes available. View more Workforce Absence Management updates in our WAM Bulletins page.

Notice of Disclaimer
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.