On April 20, 2024, Governor Hochul signed multiple pieces of legislation to implement the state’s 2025 budget which includes paid prenatal leave. Other employer-related proposals in the budget law include paid breaks for employees who need to express breast milk and a sunset for COVID-19 paid sick leave requirements as summarized below.

Paid Prenatal Leave

Beginning January 1, 2025, private employers in New York will be required to provide up to 20 hours of paid prenatal leave in any 52-week period. Paid prenatal leave is in addition to paid sick and safe leave and paid family leave.

Prenatal leave means leave taken for the health care services received by an employee during 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.

The law does not require cash out of unused leave upon termination of employment.

Paid Lactation Breaks

This provision of the budget law amends the Nursing Mothers in the Workplace Act.

Beginning June 19, 2024, public and private employers in New York, regardless of size, must allow 30 minutes of paid break time to be used for lactation purposes. Existing paid break time or mealtime can be used to supplement the 30-minute paid time. The law is unclear about how many 30-minute breaks an employee can take in a period of time.

This law needs to be coordinated with the Break Time for Nursing Mothers law as required by the Affordable Care Act and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act.

COVID-19 Paid Sick Leave

New York law requires employers to provide sick leave when an employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.

This law is repealed July 31, 2025.

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