On April 20, 2024, New York Governor Kathy Hochul signed a significant amendment to New York State’s Paid Sick Leave law (NY State Labor Law § 196-b), mandating that all New York employers provide 20 hours of paid prenatal personal leave per 52-week period, starting January 1, 2025. This new law facilitates pregnant employees’ access to necessary health care services without financial penalty. Additionally, the state has introduced a paid lactation leave law effective June 19, 2024, mandating paid breaks for nursing employees. Here’s what employers need to know about both new laws.
Key Aspects of the Paid Prenatal Personal Leave Law
- Additional Leave: This leave is in addition to the annual paid sick leave that covers employers under New York State’s Paid Sick Leave law (“PSLL”).
- sage: Prenatal personal leave may be taken and paid in hourly increments, and it need not be accrued before use.
- Pay Rate: Prenatal leave is paid at the employee’s regular pay rate or the applicable minimum wage, whichever is greater.
- No Payout for Unused Leave: Employers are not required to pay out unused prenatal leave upon an employee’s separation.
- Confidentiality: Employers cannot require employees to disclose confidential medical information related to an employee’s illness, injury, or health condition as a condition of providing paid prenatal personal leave.
- Non-Discrimination: Employers are prohibited from discriminating or retaliating against an employee for exercising their rights under the new leave law, such as penalizing or discharging those employees.
- Job Protection: After using prenatal paid leave, employees have the right to be restored to their pre-leave position at the same pay rate and with the same terms and conditions.
- Regulations and Guidance: The New York State Department of Labor Commissioner is authorized to adopt regulations and issue guidance.
Key Aspects of the Paid Lactation Leave Law
Starting June 19, 2024, all New York employers must also provide paid lactation break time for nursing employees for up to three years following childbirth.
New York’s Labor Law §206-c(i) (Right of Nursing Mothers to Express Breast Milk) has been amended such that all employers with workers located in New York must:
- Paid Breaks: Employers must provide thirty (30) minute paid breaks each time an employee needs to express breast milk in the workplace.
- Extended Breaks: Employees can use other paid breaks and mealtimes to express breastmilk when they need more than 30 minutes.
Previously, the law required employers to offer “reasonable” unpaid time.
The law also prohibits discrimination against employees for expressing breast milk at work.
Recommendations for Employers to Remain in Compliance with Both Laws
- Policy Updates: Review and update your employee leave, break, and lactation accommodation policies to align with the new laws.
- Compliance: Ensure compliance with the law’s posting and lactation policy distribution requirements.
- Manager Training: Document and train all managers regarding the accommodation process, including the procedures and timing of requests for lactation breaks and how to engage in a cooperative dialogue with employees requesting such breaks.
An Important Footnote
Employers with five or more employees must provide job-protected paid sick leave of up to 40 to 56 hours (depending on employer size) per calendar year. Employers with fewer than five employees must provide job-protected unpaid sick leave of up to 40 hours per calendar year.