New York State employers should be aware of new laws providing benefits and protections to pregnant and nursing employees.

Lactation Accommodation – Paid Breaks

Effective June 19, 2024, NYS employers are required to provide employees with 30 minutes of paid break time to express breast milk. The statute says that employees are entitled to take these breaks “each time such employee has reasonable need to express breast milk” for up to 3 years following the birth of their child. 

This is in addition to other required break time. In other words, if an employee takes breaks to pump breast milk, the employer cannot reduce the amount of other breaktime such as lunch breaks. An employee can combine other paid breaks with their lactation break if they need more than 30 minutes.

Note that employers are prohibited from discriminating against an employee who chooses to express breast milk in the workplace. 

This supplements the lactation room law that went into effect in June 2023, requiring employers to designate an area (other than a restroom) for employees who ask to express breast milk in the workplace.

Paid Prenatal Leave

Starting on January 1, 2025, employers in New York State will be required to provide employees with up to 20 hours of paid prenatal personal leave annually. This leave is in addition to paid sick leave (employers are also required to provide 40 or 56 hours of sick leave depending on the size of the employer).

According to the statute, prenatal leave can be used for: “the health care services received by an employee during their pregnancy or related to such pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.”

Federal Pregnant Workers Fairness Act

On June 18, 2024, the EEOC issued a federal regulation requiring covered employers to provide “reasonable accommodations” to an employee with limitations resulting from pregnancy, childbirth, or related medical conditions. The requirement does not apply if it would cause the employer an “undue hardship.”

Stacey E. Trien is a partner with the law firm of Adams Leclair LLP.  She focuses her practice on employment law and commercial litigation.  She can be reached at strien@adamsleclair.law, or by telephone at (585) 327-4100.