On April 19, 2024, New York Governor Kathy Hochul signed the state’s fiscal budget for 2024-2025 which included several legislative amendments to New York State’s labor including, paid prenatal personal leave and paid lactation breaks at work.
Paid Prenatal Personal Leave
Effective January 1, 2025, employers will be required to provide up to twenty (20) hours of paid leave to their employees for health care services received by employees during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. Twenty (20) hours of paid leave is provided during any 52-week period and is in addition to the current statutory sick leave available to eligible employees under the New York Paid Sick Leave law. Leave may be taken in one-hour increments and is payable at the employee’s regular rate of pay.
The law does not state an accrual method for this type of leave indicating that the full allowance of benefits must be made available to the employee at the time of hire, or upon the employee’s qualifying condition to utilize such leave. The law does not dictate how or under what circumstances leave my be requested or granted. Additionally, employers are not required to pay out unused leave upon the employee’s termination, resignation, retirement, or other separation from employment.
Similar to paid sick leave, New York employers are prohibited from retaliating against employees for exercising their rights under the law, and must restore employees who utilize paid prenatal leave to the position they held prior to such leave.
Paid Break Time for Lactation
Effective June 19, 2024, employers are now required to provide paid break time for employees who express milk at work. Employers are required to provide thirty (30) minutes of paid break time (and permit an employee to use existing paid break time or meal time for time in excess of thirty minutes) to permit an employee to express breast milk for the employee’s nursing child each time the employee has a reasonable need to do so and for up to three years following the child’s birth. The New York Department of Labor (NYDOL) issued additional guidance for employers and employees regarding lactation in the workplace. The NYDOL did not, however, include a maximum number of lactation breaks an employee is entitled to during the workday, instead advising that the pumping needs of each employee are unique and that employers “must accommodate employees based on each individual’s needs.”
There are both employer and employee notice requirements under the NYDOL guidance. Employers are required to inform employees of the right to paid break time under the law at the time of hire and once a year thereafter. Employers must also remind employees of their rights under the law when returning to work following the birth of a child. Employers may utilize the NYDOL Policy for to meet its notice obligation.
Employees are required to notify employers (in writing) in advance of their intention to express breast milk during the workday. Employers are recommended to advise employees to include in such requests: anticipated return date, anticipated number of breaks during the workday, and potential preferred times to express milk. Employers are required to provide a written response to an employee’s request within 5 days of receipt of same.
Employers may refer to the NYDOL website for additional resources, print materials, and Frequently Asked Questions.
Disclaimer: The information contained herein is not intended to be construed as legal advice, nor should it be relied on as such. Employers should closely monitor the rules and regulations specific to their jurisdiction(s) and should seek advice from counsel relative to their rights and responsibilities.