NY Lactation Breaks and Prenatal Leave: Employers Will Need to Start Providing Paid Breaks and Leave

New York Labor Law’s fiscal budget for 2024 included changes that will require employers in New York to provide 30 minutes of paid break time to nursing mothers to express breast milk and provide 20 hours of paid prenatal personal leave per year. These changes in New York expand upon New York’s existing law and obligations under federal law, specifically the Fair Labor Standards Act, which protect the rights of employees to pump breast milk at work.

Under New York Law, Nursing Employees Will Be Entitled to Paid Lactation Breaks

New York has required that employers provide lactation breaks for nursing mothers since 2007. As we previously posted, in 2023, New York amended its lactation accommodation requirements to require that:

• Employers provide nursing mothers with breaks each time such an employee has a “reasonable need” to express breast milk, for up to three years following childbirth.

• Employers provide the employee with a lactation room in close proximity to the employee’s work area. The lactation room must be well lit, shielded from view, and free from intrusion by other persons. The lactation room cannot be a restroom or toilet stall.

• The lactation room should allow for privacy for discussions with a health care provider related to nursing, if necessary.

• Adopt and distribute a lactation accommodation policy to be distributed to each employee upon hire, yearly, and when an employee returns to work following childbirth.

• The New York Department of Labor has published a model written policy that employers can adopt.

Now, starting on June 19, 2024, nursing mothers in New York will be entitled to 30 minutes of paid break time to express breast milk for up to three years following childbirth. Previously, such break time would be unpaid (except for exempt employees), unless the employee took the break during a paid break. This paid break time to express breast milk is in addition to an employee’s right to use existing paid break or mealtimes to express breast milk. The law is unclear as to whether it requires a single 30-minute paid break or requires multiple paid breaks throughout a workday.

Pregnant Employees Will Be Entitled To Paid Prenatal Leave

New York’s 2024 budget also included an amendment to the state’s Paid Sick Leave Law, allowing pregnant employees to attend prenatal medical appointments. Effective January 1, 2025, employers in New York will be required to provide 20 hours of paid prenatal personal leave per year to employees during their pregnancy. This leave covers health care services and health care services received during pregnancy, including but not limited to physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy. New York employers, under the amended york labor law, are mandated to offer this benefit, marking a significant step towards supporting prenatal care.

Paid prenatal personal leave is an additional benefit to the existing paid sick leave and paid family leave entitlements, further enriching New York’s paid family support for working parents. In New York, depending on the size of the employer, employees are eligible to accrue up to 40 or 56 hours of paid sick leave.

Eligible prenatal leave must be paid at the higher of an employee’s regular rate of pay or the applicable minimum wage.

These Amendments Highlight the Need For Employers to Keep Updating Their Employee Handbooks

As we have written in prior posts, an employee handbook is one of the most important documents that an employer has when it comes to its employees. Among other things, a handbook establishes workplace policies, communicates employer expectations, and informs employees of their rights in the workplace. It’s crucial for New York employers to update their employee handbooks in light of the new amendments to ensure compliance with the law.

As these two amendments discussed in this article highlight, employment laws evolve over time, sometimes frequently. To remain compliant and relevant, employee handbooks typically need to be regularly updated. That is why at Morea Law, we include, a year of updates with our employee handbook engagements and over an ongoing update subscription.

If you have questions about your business’ employee handbook, please schedule a complimentary consultation with us through our online scheduling system to discuss how you can avoid expensive employee problems.

Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney about the specifics of your matter or legal issue.