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What is NYC RCNY § 7-216?

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(a) All employers subject to the requirements of chapter 8 of title 20 of the Administrative Code are required to comply with the requirements for paid prenatal leave set forth in subdivisions 4-a, 7, and 10, and paragraph (a) of subdivision 5 of section 196-b of the labor law. (b) In addition to the safe/sick time tha

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Effective: 7/2/2025

§ 7-216 Paid Prenatal Leave.

RCNY § 7-216

(a)All employers subject to the requirements of chapter 8 of title 20 of the Administrative Code are required to comply with the requirements for paid prenatal leave set forth in subdivisions 4-a, 7, and 10, and paragraph (a) of subdivision 5 of section 196-b of the labor law.

(b)In addition to the safe/sick time that employers must provide pursuant to subdivision b of § 20-913 of the Administrative Code, every employer, regardless of employer size, must allow an employee to use, and receive pay for, up to 20 hours of paid prenatal leave during any 52-week calendar period.

(c)An employer must provide paid prenatal leave when an employee communicates to the employer that the employee needs time off for health care services to be received by such employee during their pregnancy or related to such pregnancy, unless an employee specifically requests to use other leave in lieu of paid prenatal leave. Unless otherwise in conflict with state or federal law or regulations, an employer shall not require an employee to use other leave in lieu of paid prenatal leave, exhaust other leave before using paid prenatal leave, or use or exhaust paid prenatal leave before using other leave. An employer shall not request or require that an employee disclose such employee’s medical condition or the nature of the health care services as a condition of providing paid prenatal leave.

(d)Consistent with § 20-915 of the Administrative Code, upon mutual consent of the employee and the employer, an employee’s schedule may be changed in lieu of using paid prenatal leave, and an employer shall not require an employee, as a condition of taking paid prenatal leave, to work additional hours to make up for the original hours for which such employee used paid prenatal leave or to search for or find a replacement employee to cover the hours during which the employee uses paid prenatal leave. (Added City Record 6/2/2025, eff. 7/2/2025)

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