THE NEW YEAR KICKS OFF TO A GREAT START IN NEW YORK STATE IN EMPLOYMENT LAW NEWS
New York Becomes The First State In The Country To Provide Paid Prenatal Leave
Effective January 1, 2025, the New York State Paid Safe and Sick Leave Law was enhanced to add the requirement that employers provide employees with up to 20 hours of paid prenatal personal leave.
The definition of “Paid Prenatal Personal Leave” (or “paid prenatal leave”) is “leave taken for the health care services received by an employee 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 the pregnancy.” Paid prenatal leave may be taken in hourly increments paid at the employee’s regular pay rate or applicable minimum wage, whichever is greater. All employers within the state of New York, regardless of the size of the business or number of employees, must provide paid prenatal leave and it is separate from sick leave (paid or unpaid). Employers, however, are not required to pay an employee for unused, paid prenatal leave upon such employee’s separation from employment.
Increase In The Paid Family Leave Weekly Benefits
Effective January 1, 2025, the New York State Paid Family Leave was enhanced to further benefit employees. The NYS average weekly wage increased to $1,757.19, thereby increasing the maximum weekly benefit (67% of the NYS average weekly wage) to $1,177.32. This is $26.16 more than the maximum weekly benefit for 2024. The maximum amount of job protected leave remains at 12 weeks. Employees can get an estimate of their benefits using the Paid Family Leave Benefits Calculator.
More Individuals Will Qualify For Overtime Pay Given An Increase In The Salary Threshold
Effective January 1, 2025, the salary threshold for employees considered “executive” or “administrative” in New York State will increase, and therefore, individuals whose earnings do not exceed this new threshold will be eligible for overtime pay. The salary threshold for the executive and administrative exemptions will increase to $1,237.50 per week, or $64,350 per year, in NYC and Nassau, Suffolk and Westchester Counties, and $1,161.65 per week, or $60,405.80 per year, in the remainder of the state.
An Increase To The Minimum Wage
Additionally, effective January 1, 2025, New York’s minimum wage will increase to $16.50-per-hour in New York City, Westchester, and Long Island, and $15.50-per-hour for the rest of the state.
An Increase To Workers’ Compensation
Effective January 1, 2025, the minimum weekly benefit for workers’ compensation will increase. On that date, workers’ compensation weekly benefits will increase to $325 per week, an increase from $275 in 2024.
Employers also benefit from an amendment to the Workers Compensation Law, pursuant to Section 151, which reduced the assessment rate imposed in 2024 from 9.2% to 7.1% in 2025.
For more information about any of these new laws or employment law matters, please reach out to the author below.
Jacqueline C. Gerrald, Esq.
Co-Chair, Employment Law Practice
(Law Clerk, Jeremy A. Gottlieb, contributed to this article)
This article and any related content posted by McLaughlin & Stern, LLP is provided for informational purposes only. It is not intended to constitute legal advice nor does it create an attorney-client relationship between the firm and the reader or recipient.
