New York: Legislative Update

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Quick Look

  • Effective January 1, 2025, the existing New York State Paid Sick Leave (PSL) Law is expanded to require employers to provide paid prenatal personal leave (PPPL).
  • The Budget has set the sunset date for the New York State COVID-19 Emergency Leave Law as July 31, 2025.
  • Effective June 19, 2024, employees are entitled to a paid 30-minute break in addition to existing paid break time and unpaid mealtime in order to express breast milk at work.

Discussion

The Fiscal Year 2025 New York State Budget (Budget) was approved on April 20, 2024. It contains several leave and accommodation entitlements which impact employers.

 

Paid Prenatal Personal Leave

Effective January 1, 2025, the existing New York State Paid Sick Leave (PSL) Law is expanded to require employers to provide paid prenatal personal leave (PPPL). The entitlement is 20 hours during any 52-week calendar period. The entitlement is in addition to sick leave provided under the PSL law which can result in a total of 60 hours or 76 hours depending on employer size. PPPL can be used for healthcare services during pregnancy or related to pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to pregnancy. Employees must be paid at their regular rate of pay and in hourly installments. There is no requirement to payout unused PPPL upon separation. However, the law is silent on documentation, unused PPPL at the end of the year, and carryover.

 

COVID-19 Emergency Leave Law

The Budget has set the sunset date for the New York State COVID-19 Emergency Leave Law as July 31, 2025. Until that date, employees can use the leave when subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19.

 

Lactation Accommodation

Effective June 19, 2024, employees are entitled to a paid 30-minute break in addition to existing paid break time and unpaid mealtime in order to express breast milk at work. This paid break time is available for up to three years after the birth of a child.

This is all the known information about these expanded requirements. Regulations and administrative guidance are forthcoming for these laws so employers should stay aware of potential updates.

 

Action Items

  1. Review and update leave policies.
  2. Review lactation accommodations and break requirements.
  3. Train appropriate personnel on the requirements.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase