New York Employers Should Be Mindful of New Break and Leave Laws Affecting Pregnant and Nursing Employees
Key Takeaways:
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All nursing employees are entitled to a 30-minute paid break to express breast milk each time an employee “has reasonable need” to do so
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The NY DOL’s written policy on employees’ rights to express breast milk must be provided at hire, annually, and when an employee returns from work following the birth of a child
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Effective January 1, 2025, eligible employees will be entitled to 20 hours of paid prenatal leave, in addition to sick time
Paid Lactation Breaks
Effective June 19, 2024, New York Labor Law § 206-c was amended to provide employees a 30-minute paid break to express breast milk. This 30-minute paid break time to express milk in the workplace is applicable to all public and private employees regardless of employer size or industry. Employees may take a 30-minute paid break to pump breast milk at work for up to three years following the birth of a child, and employees are entitled to as many 30-minute paid breaks as reasonably needed. The 30-minute lactation break is in addition to other required break times.
Employers are required to inform employees about their right to express breast milk by providing employees with a copy of the New York Department of Labor’s written policy entitled “Your Rights as an Employee to Express Breast Milk at Work” upon hire, on an annual basis, and upon an employee’s return to work following the birth of a child.
As with most employment related policies, the law includes anti-discrimination and anti-retaliation provisions.
Employers should make sure they are prepared to accommodate employees who may request lactation breaks by updating their break policies and ensuring their lactation rooms remain compliant. Please reference our prior alert on lactation room requirements here.
Paid Prenatal Personal Leave
On January 1, 2025, New York will become the first state to require employers to provide eligible pregnant employees with 20 hours of paid time off during any 52-week period for prenatal leave, or specifically, for “health care services received by an employee during their 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.”
This new law reflects amendments made to Labor Law § 196-b (New York’s sick leave requirements). Prenatal leave must be made available in addition to, and may be taken separately from, the current statutory sick leave benefits available to New York employees, which vary depending on the size of the employer.
Also, the language of the amendment suggests that the 20 hours of paid prenatal leave must be made immediately available to employees rather than accrued over a period of time.
Employers should update their leave policies for 2025 to reflect this additional paid leave time, and alert managers, supervisors, and human resources personnel of the new paid leave to ensure compliance.
For more information or immediate guidance, contact:
Or another member of the Employment and Labor practice.