Serving Up Support: A Guide to New York’s New Lactation Break and Prenatal Leave Laws
In the hospitality industry, where your staff are the heart of your business, keeping them happy and healthy is one of the main ingredients for success. However, it can be challenging to create a supportive work environment for employees who are soon-to-be or new parents. Recently, New York State labor laws have changed to offer a helping hand, specifically for working parents. It’s often said that it “takes a village” to raise a child – learn how to be a part of your employees’ village and provide them with the support they need.
In this article, we’ll explore two main changes in New York labor law that you should be aware of as a restaurant owner or manager – lactation breaks and prenatal leaves.
What Are Lactation Breaks?
Lactation breaks are designated times during the workday when breastfeeding employees can take a break to express breast milk. Usually, employers must provide a breastfeeding employee with a private, clean space, other than a bathroom, to pump milk. Offering lactation breaks supports the health and well-being of not only the mother but also the child, as well as promoting workplace equality.
What Is the New York Lactation Break Law?
According to the New York State Labor Law Section § 206-c, employers must provide all breastfeeding employees with unpaid break time to pump breast milk at work. Below, we’ve outlined the key provisions included in this new policy change:
- Employers must accommodate nursing mothers for up to three years after childbirth
- Breastfeeding employees should be allowed to take unpaid lactation breaks at least once every three hours to pump breast milk
- If the employee needs more frequent lactation breaks, employers must accommodate them
- Employees are entitled to as many unpaid lactation breaks as they need
- Each lactation break should be at least 20 minutes unless the employee chooses to take a shorter break
- Unpaid lactation break time does not take any time away from the employee’s regular paid breaks or meal times
- Employees can choose to use their regular paid break or meal times to pump breast milk
- Employees are not required but are allowed to work before or after their normal shift to make up for the unpaid lactation break time, as long as these times fall within the business’ normal work hours
- Employers must provide breastfeeding employees with a private room to pump breast milk that is not a bathroom or toilet stall
- If a dedicated lactation room isn’t possible, other spaces that can be used include:
- A temporarily vacant room
- As a last resort, a fully enclosed cubicle with walls at least seven feet tall
- A temporarily vacant room
When Will the New York Lactation Break Law Take Effect?
The New York lactation break laws take effect beginning June 19, 2024.
What Is Prenatal Leave?
Prenatal leave refers to time off from work that pregnant employees take before their child’s birth. This leave gives expectant mothers the chance to attend medical appointments and tests without fear of losing their jobs. Providing prenatal leave is a way employers can support pregnant employees through the physical and emotional demands of pregnancy.
What Is the New York Prenatal Leave Law?
An amendment to New York Labor Law Section § 196-b, also known as New York State Paid Sick Leave Law, will require employers to provide paid prenatal leave for pregnant employees. The key provisions of this new law include:
- Pregnant employees can take up to 20 hours of paid prenatal leave during any 52-week period for any qualifying reason, such as any pregnancy-related healthcare services
- Prenatal leave can be used in increments of one hour at a time
- Prenatal leave must be paid at the employee’s regular rate of pay
- Prenatal leave must be provided in addition to and may be taken separately from paid sick leave time of up to 40 to 56 hours according to New York State labor laws
At this time, certain aspects of this new law are still unclear, such as documentation that will be required to take prenatal leave and how much notice will be required. Further guidance from the New York State Department of Labor is expected before the new law takes effect.
When Will the New York Prenatal Leave Law Take Effect?
The New York prenatal leave laws take effect beginning January 1, 2025.
What Are the Next Steps?
The first step to complying with these new laws is to familiarize yourself with them. At the time of writing, the New York lactation break law has already been outlined in detail for employers to follow. Read more about the policy here, along with FAQs here. As for the New York paid prenatal leave law, general guidelines have been established, but further guidance is expected throughout the 2024 year leading up to January 2025, when the law will take effect. It’s important to keep an eye out for new updates from the New York State Department of Labor regarding this change, so you’re ready when it’s enforced.
Beyond familiarizing yourself with the new laws and what they entail, here are some additional steps to take as an employer to successfully implement the new policies:
- Updating your employee handbook with the new laws to give your staff easy access to learning about these benefits
- Providing clear training for managers and HR on the new laws to ensure they can confidently support expecting or new parents
- Setting up your payroll system to handle lactation breaks and paid prenatal leave to give your staff peace of mind
Final Thoughts on New York’s Lactation Break and Prenatal Leave Laws
Complying with New York’s lactation break and prenatal leave laws won’t just keep you on the right side of the law, it’ll also allow you to invest in your team. Supporting expecting and new parents shows your commitment to employees’ well-being, leading to a happier, more productive, and loyal workforce. Dedicated employees who feel good about their jobs will be ready to dish up success — both at work and at home.
Implementing new labor laws can feel overwhelming, but managing HR doesn’t have to be. Push’s all-in-one people management software designed with restaurants in mind can help you streamline your HR operations. From hiring and onboarding to time tracking and payroll, we’ve got you covered. Book a demo with us today to explore the power of Push.
Heading 1
Heading 2
Heading 3
Heading 4
Heading 5
Heading 6
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur.
Block quote
Ordered list
- Item 1
- Item 2
- Item 3
Unordered list
- Item A
- Item B
- Item C
Text link
Bold text
Emphasis
Superscript
Subscript
