Two New York laws – one pertaining to pregnant employees, one to employees
who are nursing – have been enacted, marking a significant change in the rights and
protections afforded to pregnant employees and parents in the workplace. Signed into
law by Governor Kathy Hochul, these laws reflect the state’s commitment to supporting
employees both during and after pregnancy and represent a notable change for New
York employers and employees alike. These include:
1. Paid Prenatal Leave Law
On January 1, 2025, New York became the first state in the nation to mandate
paid prenatal leave. Governor Hochul signed the Paid Prenatal Leave Law
(Senate Bill 8305C) into effect. The key provisions include:
Twenty (20) Hours of Paid Prenatal Leave: All employees working for
private sector employers will be entitled to 20 hours of paid leave per 52-
week period for prenatal healthcare services during their pregnancy.
What’s Covered: The new law covers medical appointments such as
physical exams, procedures, monitoring, testing, discussions with a health
care provider related to pregnancy, and even fertility treatments and end
of pregnancy care appointments.
Payment: The employee will receive either their regular rate of pay or the
applicable minimum wage, whichever is higher.
Limitations: While an employee may use the leave for multiple
pregnancies in a year, only 20 hours are available within a 52-week
period, which begins when the employee first uses their paid prenatal
leave.
Why It Matters: By offering paid leave for prenatal appointments, New York has
recognized the very real logistical challenges faced by employees during
pregnancy and enabled pregnant employees to adequately care for their prenatal
health without fear of losing income. For employers, this change conveys the
state’s prioritization of supporting pregnant employees and makes clear that
employers are expected to provide appropriate flexibility and accommodations for
pregnant employees to care for their prenatal health.
For more information, check out the New York State FAQs on the Paid
Prenatal Leave Law.
2. Paid Lactation Breaks
On June 19, 2024, a new amendment to New York Labor Law Section 206-c
came into effect, mandating paid lactation breaks for employees who are nursing.
The key provisions include:
Paid Breaks for Nursing Employees: Employees will be entitled to 30
minutes of paid break time to express breast milk for their nursing child, a
change from the previous unpaid time.
Flexible Use of Time: If the 30-minute break is not sufficient, the employee
can use the existing paid break or meal-time to accommodate the
additional “pumping” time.
Who is Covered: All employees working for public or private sector
companies may use this paid break time.
Private Space Requirements: Employers are required to provide a private
space for employees to express milk. Restrooms or bathroom stalls are
not permitted.
Duration: This provision is available for up to three years following the
birth of the child.
Why It Matters: This law expands protections for employees who are nursing to
have adequate time and space to breastfeed or pump while continuing to work.
The inclusion of paid breaks ensures that employees are not financially penalized
for choosing to nurse while their child is young. New York Labor Law Section
206-c also states as follows: “No employer shall discriminate in any way against
an employee who chooses to express breast milk in the workplace.” Thus,
employers must be mindful to avoid unequal or disparate treatment of employees
who are nursing and availing themselves of the expanded protections this
change in law provides.
For more information, read the FAQ from the New York Department of Labor
here.
For more information about these expanded legal rights, or about how to protect
yourself or your business from lawsuits related to these rights, please contact PTGB
Law at 201-569-5959.
