New York Paid Prenatal Leave Addendum

NY Labor Law §196-b.4-a (effective 1/1/2025) — 20 hours of paid prenatal leave for pregnant employees, separate from sick leave.

Purpose

• This addendum establishes the company's policy for **New York paid prenatal leave** in accordance with **NY Labor Law § 196-b.4-a**, effective **January 1, 2025**. The policy is intended to provide eligible employees with up to **20 hours of paid prenatal leave per 52-week period** for pregnancy-related health care services, and to clarify that this leave is **separate from sick leave** and administered independently from other leave entitlements such as **FMLA**, **ADA reasonable accommodation**, and any applicable state or local leave laws.

Scope and Eligibility

• This policy applies to all employees who perform work in **New York**, including full-time, part-time, temporary, and overtime-exempt employees, to the extent covered by New York law. **New York employees:** Eligible employees may use paid prenatal leave regardless of tenure or hours worked, subject to the legal requirements and notice procedures in this policy. This policy does not reduce or replace rights under the **FMLA**, **ADA interactive process**, **Title VII / EEOC** protections, or any other applicable law. If an employee requests leave that may also implicate a disability, pregnancy-related accommodation, or protected leave, HR will evaluate the request separately and in good faith.

Definitions

• For purposes of this addendum: - **Paid prenatal leave** means paid time off used for pregnancy-related health care services. - **Health care services related to pregnancy** includes physical examinations, medical procedures, monitoring, testing, and consultations with a health care provider related to pregnancy. - **52-week period** means the 52-week period used by the employer to measure leave entitlement under this policy. - **Policy holder** means the employer responsible for administering this policy. - **Reasonable accommodation** means a workplace adjustment considered through the ADA interactive process when pregnancy-related medical needs may require an accommodation beyond leave.

Leave Entitlement, Use, and Pay

• Eligible employees may use up to **20 hours of paid prenatal leave per 52-week period**. 1. **Separate bank:** Paid prenatal leave is a separate leave bank and is **not deducted from sick leave**, PTO, vacation, or other paid time off unless required by law and expressly stated in writing. 2. **Permitted use:** Leave may be used in hourly increments for pregnancy-related health care services. 3. **Compensation:** Leave is paid at the employee's regular rate of pay, consistent with applicable wage and hour requirements, including the **FLSA** and any applicable New York wage laws. 4. **No carryover or payout:** Unused paid prenatal leave does not carry over to the next 52-week period and is not paid out at separation unless required by law. 5. **No substitution:** The company will not require an employee to use sick leave, vacation, or other accrued time before using paid prenatal leave.

Request and Documentation Procedure

• Employees should request paid prenatal leave as soon as practicable before the scheduled appointment or service, using the company's standard leave request process or by notifying their supervisor and HR. **Procedure:** 1. Submit the leave request through the designated HR or timekeeping system, or provide written notice to HR. 2. Identify the date, time, and expected duration of the leave. 3. HR may request reasonable documentation only to the extent permitted by law and only when needed to verify that the leave is being used for qualifying prenatal health care services. 4. Supervisors must route questions about eligibility, documentation, or scheduling conflicts to HR and must not discourage or delay lawful use of leave. 5. If the employee needs a schedule adjustment or additional time off beyond the 20-hour prenatal leave bank, HR will evaluate whether the request also implicates **ADA reasonable accommodation**, **FMLA**, or other protected leave rights through the **interactive process**.

Roles and Responsibilities

• **Employees** must provide notice when practicable, use leave only for qualifying prenatal health care services, and follow the request procedure. **Managers and supervisors** must approve qualifying leave requests, avoid retaliation, and escalate questions to HR. **HR / Leave Administration** must track the separate prenatal leave bank, maintain records, communicate eligibility determinations, and ensure consistent application of this policy. **Policy holder** must review this addendum for legal updates, train managers on compliance, and coordinate with payroll to ensure correct pay treatment.

Compliance, Non-Retaliation, and Discipline

• The company prohibits interference with, denial of, or retaliation for the lawful use of paid prenatal leave. Employees will not be disciplined for requesting or using leave in good faith. Misuse of leave, falsification of records, or failure to follow lawful notice procedures may result in a **documented warning** and, where appropriate, a **PIP** or other corrective action, consistent with company policy and applicable law. Nothing in this policy limits rights protected by the **NLRA Section 7** regarding concerted activity, or any rights under the **EEOC**, **FMLA**, **ADA**, or applicable state law.

Review and Revision

• This addendum will be reviewed at least **annually** and whenever New York law, regulations, or agency guidance changes. The company may revise this policy to remain compliant with **NY Labor Law § 196-b.4-a** and related guidance. Any revisions will be communicated to affected employees and managers in a timely manner.