§ 7-209 — Payment of Protected Time Off and Paid Prenatal Leave

§ 7-209 Payment of Protected Time Off and Paid Prenatal Leave.

(a) Protected time off or paid prenatal leave must be paid no later than the payday for the next regular payroll period beginning after the protected time off or paid prenatal leave was used by the employee. (b) If the employer requires reasonable written documentation in accordance with 6 RCNY § 7-206 or confirmation of use of protected time off or paid prenatal leave pursuant to § 20-914 d. of the Administrative Code or 6 RCNY § 7-216, the employer is not required to pay protected time off or paid prenatal leave until the employee has provided such documentation or confirmation, except that an employer shall not withhold payment of protected time off or paid prenatal leave when the required documentation is unattainable by the employee due to associated costs. (c) If an employer requests or requires documentation and the employee has provided to the employer such documentation and proof of the fee or reasonable costs incurred for the purpose of obtaining such documentation, the employer shall reimburse the employee for such fee or reasonable costs in accordance with subdivision (c) of 6 RCNY § 7-206 no later than the payday for the next regular payroll period beginning after the provision of such proof. (d) An employer that withholds payment of protected time off or paid prenatal leave in accordance with subdivision (b) of this section must set forth this policy and instructions on how employees can submit requests for reimbursement and proof of fees or costs to the employer in the written protected time off policy required by 6 RCNY § 7-211. (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)