Global Compliance Desk – New York
New York: Upcoming Changes to Breastfeeding Break Regulation
Recently, Governor Hochul signed a significant Legislative Bill A8806C which shall expand the New York Legislation for Breastfeeding Break. The Bill shall become effective on June 19, 2024.
Currently, New York State Labor Law Section 206-c states that an employer must provide reasonable unpaid break time or permit an employee to use paid break time or mealtime to allow an employee to express breast milk for her nursing child for up to three years following childbirth.
Upcoming Paid Breastfeeding Breaks
Effective June 19, 2024, all private sector employers (regardless of size) will be required to provide 30 minutes of paid break time to employees who need to express breast milk for a nursing child at work. Employees must also be allowed to use any existing paid rest break or meal time for breast milk expression above 30 minutes.
Furthermore, upon request of an employee who chooses to express breast milk in the workplace, an employer shall designate a room or other location that shall be made available for use by such employee to express breast milk.
Proposed Amendment: Paid Pre-Natal Leave
Effective from January 1, 2025, employees in New York shall be entitled to a new paid prenatal leave entitlement for pregnancy-related needs such as attending prenatal appointments or obtaining health care services during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and to have pregnancy-related discussions with a health care provider. An eligible employee shall be entitled to take up to 20 hours of paid pre-natal leave annually and can use the leave in hourly increments as required.
Proposed Amendment to end Paid Covid Leave
Currently, according to New York State COVID-19 Emergency Leave Law, employees are provided paid COVID-19 leave when they are faced with a mandatory or precautionary order of quarantine or isolation due to COVID-19.
Effective July 31, 2025, the obligation for paid COVID-19 leave will expire, but employees may utilize alternative qualifying sick or paid leave options offered by their employer for any COVID-19-related sickness/quarantine or isolation.
Takeaway: Employers must review their current employment policies on breastfeeding breaks and start working towards aligning with the upcoming amendments.
