When passing its final budget for the 2025 fiscal year, New York became the first state in the United States to require employers to provide their pregnant workers paid sick time for health care services, testing, or procedures that relate to their pregnancy. On April 19, 2024, Governor Hochul signed an amendment to New York’s paid sick and safe leave law (New York Labor Law § 196-b) that will require employers to provide up to 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures.
Paid prenatal leave should become immediately available to employees when the amendment takes effect January 1, 2025, as it does not appear that this leave must accrue over time. Rather, employees are permitted to take 20 hours of paid leave in hourly increments over any 52 week period. And, employers must compensate their employees for paid prenatal leave at the greater of the applicable minimum wage or the employee’s normal pay rate.
Mandatory paid prenatal leave is in addition to the paid sick and safe leave required by New York Law (40 or 56 hours per year, depending on the employer) and unpaid leave available under the Family and Medical Leave Act (FMLA) for employees with serious health conditions.
Also, effective June 29, 2024, New York Labor Law § 206-c will require that employers offer a paid 30 minute break for a nursing employee to express breast millk at work, separate from existing break and meal time. This break must be provided to employees for up to three years following child birth.
Garfunkel Wild is available to assist with any questions related to compliance with New York employment and labor law.
Should you have any questions regarding the above, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or email us at info@garfunkelwild.com.
Paid prenatal leave should become immediately available to employees when the amendment takes effect January 1, 2025, as it does not appear that this leave must accrue over time. Rather, employees are permitted to take 20 hours of paid leave in hourly increments over any 52 week period. And, employers must compensate their employees for paid prenatal leave at the greater of the applicable minimum wage or the employee’s normal pay rate.
Mandatory paid prenatal leave is in addition to the paid sick and safe leave required by New York Law (40 or 56 hours per year, depending on the employer) and unpaid leave available under the Family and Medical Leave Act (FMLA) for employees with serious health conditions.
Also, effective June 29, 2024, New York Labor Law § 206-c will require that employers offer a paid 30 minute break for a nursing employee to express breast millk at work, separate from existing break and meal time. This break must be provided to employees for up to three years following child birth.
Garfunkel Wild is available to assist with any questions related to compliance with New York employment and labor law.
Should you have any questions regarding the above, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or email us at info@garfunkelwild.com.