By: HUB's Absence Management Team

On April 19, 2024, the New York State Legislature passed the 2024 budget, which includes provisions for additional leave benefits for workers in the state of New York and sets a sunset date for New York’s COVID-19 Paid Sick Leave law. This comes in addition to amendments to the New York Disability Benefits Law regulations that were adopted earlier in the year.

Overview of Benefits Passed in the 2024 Budget

The New York State budget for fiscal year 2024 brings significant changes for employers, introducing paid leave for prenatal care and expressing breastmilk and establishing a sunset date for the existing COVID-19 Paid Sick Leave law.

Summary of Changes

Paid Prenatal Personal Leave

Effective January 1, 2025, New York’s Paid Sick Leave (PSL) law will require employers to provide 20 hours of paid prenatal personal leave (PPPL) in a 52-week calendar period to employees for the purposes of obtaining healthcare services related to their pregnancy such as physical examinations, medical procedures, monitoring and testing, and discussions with a healthcare provider related to the pregnancy. This new leave entitlement is in addition to existing requirements under the state’s Paid Sick Leave and Paid Family Leave laws.

Key Provisions:

  • There is no waiting period for usage or accrual of PPPL. The full 20 hours must be made immediately available to employees upon hire.
  • PPPL will be paid at the employee’s regular rate of pay or the applicable minimum wage rate, whichever is greater.
  • Employees are entitled to 20 hours of PPPL in a 52-week period.
  • Employers are not required to pay out unused PPPL upon separation from employment.
  • Employers cannot limit the number of times an employee uses PPPL, as long as the employee does not use more than 20 hours in a 52-week period.

Paid Lactation Breaks

Effective June 19, 2024, nursing parents will have the right to paid break time to express breast milk during the workday. Employers must provide paid 30-minute breaks for this purpose. Additionally, employees can use existing paid break time or mealtime for periods exceeding 30 minutes. As of now, it is unclear if the 30-minute breaks will be available more than one time per day.

This benefit is in addition to those provided in the New York State Nursing Mothers in the Workplace Act and the federal PUMP for Nursing Mothers Act. The amendment does not change the requirement under the Nursing Mothers in the Workplace Act to provide such reasonable time to express breast milk for up to three years following childbirth.

Sunset of COVID-19 Paid Sick Leave

New York’s COVID-19 Paid Sick Leave law requires employers to provide paid, job-protected leave to employees who are under a mandatory or precautionary order of isolation or quarantine due to COVID-19. Employers must continue to provide these benefits until July 31, 2025, at which time the law will be repealed.

Updates to NY Disability Regulations

The New York Disability Benefits Law (NY DBL) requires most employers in New York to provide disability benefits to their employees. Benefits under this law include partial income replacement at a rate of 50% of an employee’s Average Weekly Wage (AWW), with a weekly maximum benefit of $170 per week, for up to 26 weeks. These changes update and clarify previous regulations.

The information provided is not inclusive of all updates made to the NY DBL regulations. Information on all the changes can be found on the New York State Workers’ Compensation Board website.

Pregnancy and Childbirth-Related Disability

  • Under the new regulations, a person is presumed to be disabled beginning four weeks prior to the child’s estimated due date and six weeks after giving birth (or eight weeks after a c-section delivery). This means that pregnant employees can now begin receiving NY DBL benefits beginning four weeks prior to the child’s estimated due date.

Addition of Organ Donation Disability

  • Employees who are incapacitated as a result of being an organ donor in a transplant operation are now eligible for NY DBL during the period of incapacitation.

Claim Administration

  • Changes to the regulations stipulate that once an employer receives a request for disability benefits, they must complete and return the employer section within three (3) business days.
  • Carriers may not deny a claim because the employer did not adequately complete their portion of the Notice and Proof of Claim for Disability benefits.
  • Once the employee has submitted the Notice and Proof of Claim for Disability Benefits with the employer or carrier, the employer must either deny or make payment on the claim within 18 days.
  • If a claim is initially denied due to missing or insufficient information, the carrier or employer must notify the employee in writing of the specific missing elements.

Employer Obligations

  • Employers who maintain written guidance concerning employee benefits or leave rights, information about NY DBL must be included in the written guidance. This requirement previously applied to New York Paid Family Leave only.

Next Steps

Employers should review and update their policies and handbooks with regard to these changes and work with their HRIS or payroll provider to prepare for additional leave requirements. It is also recommended that employers provide training to managers and supervisors around these new requirements. If the employer has a fully insured DBL policy, they can partner with their carrier to provide updates for the changes to NY DBL law.

NOTICE OF DISCLAIMER

Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.