NY Protections to Express Milk and Paid Prenatal Leave

An amendment to the New York State budget provides additional paid protection for employees needing to express milk for nursing children. It goes into effect June 19, 2024.

An existing law allowed employees working in the state to use unpaid break or meal times to express milk for up to three years after the birth of a child. The amendment of Labor Law 206-c offers eligible employees up to 30 additional minutes of paid time to express breast milk.

Another amendment to the NY State budget requires employers to provide additional paid prenatal personal leave for pregnant employees. This revision expands Labor Law 196-b and is slated to take effect on January 1, 2025.

Covered leave includes 20 hours of paid prenatal personal leave within a 52-week calendar period to attend physical exams, receive medical procedures, testing, or monitoring, or to discuss needs with a healthcare provider, as long as these services related to pregnancy. The leave must be paid at the employee’s regular pay rate or applicable minimum wage (whichever is greater).

Employers do not have to pay employees for unused paid prenatal leave if they are terminated, resign, retire, or otherwise separate from employment.

This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.

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