Q: As the owner of a small business in New York City with four employees, how can I effectively manage and comply with the new requirements for paid lactation breaks and paid prenatal leave?
A. Owners of small businesses in New York City with no more than four employees must prepare for the upcoming changes in New York's labor laws regarding paid lactation breaks and paid prenatal leave to ensure compliance and effective management.
Paid Lactation Breaks
Effective June 19, 2024, all private-sector employers, regardless of size, must provide 30 minutes of paid break time to employees who need to express breast milk at work for a nursing child. According to the new law, employees also must be allowed to use any existing paid break or mealtime for breast milk expression if it exceeds the initial 30 minutes. The law requires that employers provide these breaks "each time such employee has reasonable need to express breast milk" (New York Labor Law § 206-c), meaning multiple breaks may be necessary throughout the day.
To comply with these requirements, update your lactation accommodation policy to reflect the new changes. Distribute this updated policy to all employees upon hire, annually and when returning to work following childbirth. Additionally, ensure a private, clean space is available for employees to express breast milk. This space should have a chair, a working surface, access to clean running water and an electrical outlet if possible. Implementing these accommodations will help ensure you are meeting the legal requirements and supporting your employees' needs.
Paid Prenatal Leave
Beginning January 1, 2025, New York will require private-sector employers to provide 20 hours of paid leave per year for pregnant employees to attend prenatal medical appointments and procedures (New York Labor Law § 196-b). This leave is separate from and in addition to any paid sick leave already provided. Employees can take this leave in one-hour increments and must be compensated at their regular rate or the applicable minimum wage, whichever is higher.
To comply, update your leave policies to include the provision for 20 hours of paid prenatal leave. Clearly communicate this update to your employees to ensure they are aware of their entitlements. Additionally, maintain accurate records of leave taken for prenatal care to ensure compliance with state law. This includes logging the hours taken and ensuring they are paid accordingly.
By taking these proactive steps, you can ensure your small business complies with New York's new requirements while effectively supporting your employees' needs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
