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New York: Lactation Breaks & Prenatal Care Leave 2024 - HR ALERTS

Updated: Jun 27

New York Lactation Breaks & Prenatal Care Leave 2024


Woman holding baby in front of crib
Effective: June 19th, 2024

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Effective: January 1st, 2025

New York has passed significant laws regarding lactation breaks, as well as creating a paid leave requirement for prenatal care.


Effective June 19th, 2024, New York employers must provide 30 minutes of paid break time for nursing employees to express breast milk for their child. This break time must be provided for up to three years following the birth of the child. The employee must also be allowed to utilize other existing paid breaks or mealtimes should they need to express milk beyond the 30 minutes provided. The law can be found here. The state has also released an updated Policy on the Rights of Employees to Express Breast Milk in the Workplace poster, which can be found here.


Effective January 1st, 2025, employers will be required to provide employees with up to 20 hours of paid prenatal leave during any 52 week period. This leave can be used for any healthcare services needed or related to the employee’s pregnancy. The employee must be able to take prenatal leave in increments of at least one hour. Unused prenatal leave is not required to be paid out at termination. Currently, the law does not say on whether employers may require documentation to support an employee’s need for leave. Due to this, it is not recommended an employer requires documentation until the state clarifies this point. The law can be found here.

Get day-to-day updates on New York Lactation Breaks & Prenatal Care Leave 2024 visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).

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