New York expands pregnancy-related paid leave benefits, requiring employers to provide paid leave dedicated to prenatal services as well as paid lactation breaks.
In addition to any existing paid sick and safe leave benefits, effective January 1, 2025, employers will be required to provide up to 20 hours of paid leave per year for pregnant employees to receive prenatal care. This paid prenatal leave is not an accrued benefit and must be available upon hiring, although unused leave does not need to be paid out upon termination or resignation. Pregnant employees may take leave in hourly increments for prenatal medical appointments and procedures and must be compensated at their regular rate of pay or minimum wage, whichever is higher.
Effective immediately, the state continues to expand pregnancy-related benefits by mandating that employers provide up to 30 minutes of paid lactation breaks each time an employee needs to express breast milk. The number of breaks needed will vary by individual employee, and employers must accommodate whenever an employee has a reasonable need to express breast milk while prohibiting any discrimination against employees who choose to express breast milk in the workplace. Employees may use existing paid break or meal time for time exceeding the 30 minutes, and this benefit will apply for up to three years following childbirth.
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