Employers and employees alike should be aware that, when the new year rings in, New York state employers will be required to provide paid breaks for breast milk expression. The change is included in the 2024-2025 New York state budget, which was approved on April 20, 2024.

In addition, as part of Governor Kathy Hochul’s broader plan to improve maternal and infant mortality, she established statewide Medicaid coverage for doulas, created the state’s first doula directory to assist pregnant New Yorkers seeking support, and has taken steps to eliminate cost-sharing for certain pregnancy-related benefits for those enrolled in the state’s Essential Plan or Qualified Health Plans, all of which are included in the 2024-2025 state budget.

Paid Prenatal Leave

Effective Jan. 1, 2025, New York state private sector employers will be required to provide pregnant employees with twenty (20) hours of paid prenatal leave each year, amending New York Labor Law § 196-b. While cut in half from the originally proposed forty (40) hours, this leave can be taken for health care services received by an employee related to or during their pregnancy, including but not limited to physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to their pregnancy.

One aspect to note is that this leave is separate from the existing hours of paid sick leave mandated by state law and can be used in hourly increments. Additionally, employees must be paid their regular rates of pay when using this leave.

Paid Breaks for Breast Milk Expression

Employers may also be aware that as of June 19, 2024, employers are required to provide paid 30-minute breaks for breast milk expression, under the New York State Lactation Break Law, amending New York Labor Law § 206-c. Previously, New York laws allowed employees to take reasonable unpaid breaks for this purpose at least once every three (3) hours, or as the employee may reasonably desire.

Originally, the proposed amount of time was only going to be twenty (20) minutes, but was increased during negotiations. Additionally, employees are allowed to use other paid breaks or mealtimes for longer than thirty (30) minutes, “each time such employee has reasonable need to express breast milk.”

One thing to note is that given the wording of “each time,” it is possible that an employee might be entitled to multiple paid breaks throughout the workday for this reason, but there is a caveat in the law stating the breaks must be “reasonable” which is subject to interpretation at this time.

Employers should ensure that their current leave policies and employee procedures accurately reflect recently enacted laws related to employees’ prenatal and post-partum care, in addition to the new prenatal leave law and other new laws taking effect Jan. 1, 2025.

For employers protecting their interests or employees looking to safeguard their rights, professional legal advice offers peace of mind and legal certainty. Our knowledgeable employment attorneys can assist with making your contracts clear, comprehensive, and enforceable. Call <span class=”InfinityNumber clickable”>8885294543</span> or contact us online today for a consultation to discuss your employment agreement needs and secure a healthy employment relationship.

Amanda Smith, Esq. is a Partner in Tully Rinckey PLLC’s Buffalo office, where she focuses her practice on Federal and State Employment and Labor Law.