New York State Enacted Budget for Fiscal Year 2024: Changes to Employers’ Obligations

The New York State has made significant changes to employers’ obligations with the enactment of the budget for fiscal year 2024. These changes include the addition of paid leave for prenatal care, converting unpaid break time for expressing breast milk into paid time, and incorporating a sunset date into the existing COVID-19 Paid Sick Leave law.

Paid Prenatal Leave is a groundbreaking addition to the state’s Paid Sick Leave law, making New York the first state to mandate paid prenatal leave. Effective Jan. 1, 2025, employers are required to provide 20 hours of paid prenatal personal leave to employees during their pregnancy for healthcare services related to the pregnancy. This includes physical examinations, medical procedures, monitoring, testing, and discussions with healthcare providers. Paid prenatal leave will be paid at the employee’s regular rate of pay or the minimum wage rate, with no waiting period for usage or accrual.

In addition to paid prenatal leave, the budget also includes Paid Lactation Breaks for nursing mothers. Employees are entitled to 30 minutes of paid break time for expressing breast milk for their nursing child, in addition to existing paid break or mealtime. This update to the New York Labor Law goes into effect on June 19, 2024, and removes gendered language to accommodate all nursing parents.

Furthermore, the budget incorporates a sunset date of July 31, 2025, for the COVID-19 Paid Sick Leave law. This law requires employers to provide paid job-protected leave to employees under mandatory or precautionary orders of isolation or quarantine due to COVID-19. The sunset date provides clarity on the law’s duration, as it will be repealed after July 31, 2025.

Employers should be aware of these changes and ensure compliance with the new requirements. If you have any questions regarding these legislative updates, it is recommended to contact a Jackson Lewis attorney for guidance.