§ 7-206 — Documentation of Authorized Use of Protected Time Off and Paid Prenatal Leave

§ 7-206 Documentation of Authorized Use of Protected Time Off and Paid Prenatal Leave.

(a) When an employee's use of protected time off or paid prenatal leave results in an absence of more than three consecutive work days, an employer may require reasonable written documentation that the use was for a purpose authorized under § 20-914 a. or b. of the Administrative Code or labor law section 196-b(4-a), respectively. For a use of sick time or paid prenatal leave, written documentation signed by a licensed clinical social worker, licensed mental health counselor, or other licensed health care provider indicating the need for the amount of sick time or paid prenatal leave, respectively, taken shall be considered reasonable documentation. For a use of safe time, any documentation set forth in § 20-914 b.2. indicating the need for the amount of safe time taken shall be considered reasonable documentation. For any other use of protected time off, documentation that shows the reason for the amount of protected time off taken shall be considered reasonable documentation. Consistent with the requirements in §§ 20-914 and 20-921 of the Administrative Code and section 196-b(5)(a) of the labor law, an employer cannot require disclosure of details, except the dates the employee needed to use protected time off or paid prenatal leave. (b) "Work days" as used in this section and in § 20-914 of the Administrative Code means the days or shifts the employee would have worked had the employee not used protected time off or paid prenatal leave. (c) If an employer requires an employee to provide reasonable written documentation in accordance with subdivision (a) of this section, the employee shall be allowed a minimum of seven days from the date he or she returns to work to obtain such documentation. Unless otherwise required by law, an employer must not require an employee to submit such documentation before returning to work. If an employer requests or requires documentation for sick time or paid prenatal leave and the licensed health care provider charges the employee a fee for the provision of such documentation, such employer shall reimburse the employee for such fee. If an employer requests or requires documentation for safe time, such employer shall reimburse an employee for all reasonable costs or expenses incurred for the purpose of obtaining such documentation for the employer. (d) If an employee provides reasonable written documentation in accordance with subdivision (a) of this section, an employer may not require an employee to obtain additional documentation indicating the need for protected time off or paid prenatal leave in the amount used by the employee. (e) An employer that requires employees to provide reasonable written documentation for uses of protected time off or paid prenatal leave in accordance with subdivision (a) of this section must set forth this requirement, along with the types of reasonable written documentation the employer will accept and instructions on how employees can submit the documentation to the employer, in the written protected time off policy required by 6 RCNY § 7-211. (f) An employer shall not require documentation that the use of protected time off or paid prenatal leave was for a purpose authorized under § 20-914 of the Administrative Code or labor law section 196-b(4-a) if the use of such protected time off or paid prenatal leave lasts three or fewer consecutive work days. (Amended City Record 2/3/2016, eff. 3/4/2016; amended City Record 8/21/2018, eff. 9/20/2018; amended City Record 9/15/2023, eff. 10/15/2023; amended City Record 6/2/2025, eff. 7/2/2025; amended City Record 6/23/2026, eff. 7/23/2026)