New York State Budget Provides for Paid Prenatal Personal Leave, First Law of Its Kind in U.S.

On April 20, 2024, Governor Hochul approved New York’s final budget for fiscal 2025, amending New York Labor Law § 196-b (the New York Paid Sick Leave Law) to require employers to provide up to 20 hours of “paid prenatal personal leave” (“PPPL”) in a 52-week period, beginning January 1, 2025.  This is the first law of its kind in the United States.

PPPL can be used for health care during or related to a pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider. PPPL is not accrued but is available to employees immediately on hiring.  It can be paid by the hour and is paid at an employee’s regular rate of pay or the minimum wage, whichever is greater.  Unused PPPL is not required to be paid out to employees on separation. 

PPPL is in addition to the New York Paid Sick Leave Law, which provides up to 40 to 56 hours of unpaid or paid sick leave per calendar year depending on the size and income of the employer.    

New York’s final budget also amended Section 206-c of the New York Labor Law to require employers to provide a paid 30-minute break – along with any existing paid break time or meal time – for an employee to express breast milk at work, effective June 19, 2024.  The amendment does not affect the requirement that employers must provide reasonable time for employees to express breast milk.