Joshua Zuckerberg, Co-Chair of the firm’s Labor and Employment Group, was quoted in a recent Law360 article analyzing the implementation of New York State’s groundbreaking prenatal leave law, as well as New York City’s added regulatory requirements.

In the article “4 Do's & Don'ts On New York Prenatal Leave,” Josh emphasizes the importance of a cautious, employee-focused approach when navigating conflicting state and city laws. Given that the laws are new and untested, he advises employers to default to the most worker-friendly interpretation, particularly regarding notice and documentation requirements:

"As a practical note, you're going to have to be cautious about giving your employees a hard time because they didn't provide proper notice or enough advance notice[.]”

Josh also spoke about the unique challenges posed by unlimited PTO policies, clarifying that prenatal leave must still be treated as a distinct statutory entitlement.

 "A lot of times with unlimited PTO employers don't think of it as an incremental leave bank, […] but because this statute is very explicit that it can be taken in an incremental way, that's why you need to be clear.”

The article outlines how employers can stay compliant by not creating special hurdles for prenatal leave use, such as stricter documentation or notice procedures. It also emphasizes the need for a clear, written policy that informs employees of their rights under the new law.

Read the full article using the link below (subscription may be required).