New Employment Law Changes in 2024 New York State Budget: Paid Lactation Breaks, Paid Prenatal Care, and COVID-19 Paid Sick Leave

New York State Implements New Employment Law Changes Impacting Employers and Employees

In a move that has sparked both praise and concern, Governor Hochul recently signed into law several new employment law changes as part of the 2024 New York State budget. Among the key provisions are paid lactation breaks, paid prenatal care leave, and the continuation of COVID-19 paid sick leave until July 31, 2025.

The new law regarding paid lactation breaks, which went into effect on June 19, 2024, grants New York employees thirty minutes of paid break time for the expression of breast milk in the workplace. Unlike the previous requirement of providing unpaid break time every three hours, the updated law allows for multiple paid lactation breaks as needed. Employers must also provide a suitable private room with necessary amenities for employees to express breast milk, and discrimination or retaliation against employees taking these breaks is strictly prohibited.

Starting on January 1, 2025, New York employers will be obligated to offer twenty hours of paid prenatal care leave per year to their employees. This leave can be used for various health care services related to pregnancy and must be provided immediately upon hire. The law does not specify whether this benefit extends to expecting fathers, and further guidance from the state is awaited. Employers are advised to update their policies in advance to comply with these new requirements.

Additionally, the COVID-19 paid sick leave, initially introduced in 2020, will remain in effect until July 31, 2025. Employers are reminded to follow CDC guidelines for employees returning to work after taking COVID-19 sick leave and may require documentation for repeated use of this benefit.

Paul F. Keneally, chair of Underberg & Kessler’s Labor & Employment practice group, and Ryan T. Biesenbach, an associate in the firm’s Litigation and Labor & Employment practice groups, are available to provide guidance on navigating these new employment law changes. Employers are encouraged to review and update their policies to ensure compliance and educate their staff on the implications of these amendments.

Overall, while the new employment law changes aim to support employees in the workplace, some employers are expressing concerns about the increased obligations placed upon them. As the landscape of employment law continues to evolve, staying informed and proactive in compliance efforts will be crucial for businesses across New York State.