On April 20, 2024, Governor Kathy Hochul signed the Fiscal Year 2025 New York State Budget (the “2025 NYS Budget”), implementing two significant changes to New York leave laws.

Importantly, the 2025 NYS Budget establishes that New York State COVID-19 paid sick leave will come to an end as of July 31, 2025 (this is delayed a year from Governor Hochul’s previously proposed sunset date of July 31, 2024). 

In addition, the New York Labor Law has been amended to require employers to provide paid prenatal personal leave to all employees beginning January 1, 2025.  Employees will be entitled to at least 20 hours of prenatal personal leave during any 52-week calendar period in addition to their existing paid sick leave. 

Paid prenatal personal leave can be used by pregnant employees for health care services 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 pregnancy.

According to the new legislation, paid prenatal personal leave may be taken in hourly increments and must be paid at the employee’s regular rate of pay, or the applicable minimum wage under New York State law, whichever is greater. Further, the benefits must be paid in hourly installments.  Any unused paid prenatal personal leave need not be paid out upon an employee’s separation from employment.

In light of these recent changes, employers should think about how they will need to update their leave policies to reflect the new legislation.  We will continue to monitor any future updates or guidance relating to the new legislation and will provide updates as they become available. 

HRtelligence was created by the team at Ali Law Group, LLC.  Should you have any questions or need assistance, please contact Ali Law Group.

#showonalg