There are two timely employment law updates for the last quarter of 2024 which are worth noting but do not necessarily warrant separate, independent posts. Here is a summary of these two changes taking place in New York.
Taking effect January 1, 2025, New York labor law section 196-b will formally require employers to provide employees with twenty (20) hours of paid prenatal leave during any fifty-two (52) week period. This means that employees will be able to take paid prenatal leave in hourly increments at their regular rate of pay or the applicable minimum wage, whichever is greater. This paid prenatal leave is in addition to any other state or federal leave entitlements, including under the Family and Medical Leave Act, paid family leave, sick leave or safe leave.
The amendment permits an employee to use paid prenatal leave for health care services during the employee’s pregnancy, including physical examinations, medical procedures, monitoring, testing and even pregnancy-related discussions with a health care provider. The leave may also apply to infertility-related discussions and visits with a health care provider.
Further guidance from the State of New York Department of Labor is anticipated prior to the new year. This additional guidance may also clarify whether expectant fathers can receive paid prenatal leave under this amendment.
In October of 2024, New York City introduced first of its kind legislation that amends the New York City Earned Safe and Sick Time Act to allow employees to use leave to care for their pets and service animals. This new legislation expands the current ESSTA by permitting employees to take leave for the “care of a covered animal that needs medical diagnosis, care or treatment of a physical illness, injury or health condition or that needs preventative medical care.” A “covered animal” has been defined as an animal that is kept primarily for companionship or a service animal. Stay tuned as we monitor to see if this legislation makes more headway. Clearly, New York City recognizes the importance of pets to all New Yorkers.
If you are an employer impacted by the above new law, be sure to consult with your legal counsel and take steps to make sure your company begins to work on revisions to their policies to ensure compliance.