2024-2025 New York State Handbook Updates & Additional Handbook Considerations

New York State Paid Sick & Safe Leave Section Addition:

Effective January 1, 2025, in addition to New York State Paid Sick Leave, employees will be  provided 20 hours of paid prenatal personal leave each year in addition to the existing statutory paid sick leave entitlement.

• Amount of Leave: 20 hours of PPPL during any 52 week calendar period.
• Covered Reasons for Use: For employees to receive health care services 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 pregnancy.
• Increments of Use: PPPL may be taken in hourly increments.

Continue to review for additional updates from New York State prior to 2025.

Lactation Policy for New York State (Burr Recommendation):

Effective June 19, 2024, the organization will provide an additional paid 30-minute break along with existing paid break time and unpaid meal time, for the employee to express breast milk at work. Employees may take such paid break time for up to three years following childbirth.

“COVID-19 Leave Sunset Date: Currently, the New York State COVID-19 Emergency Leave Law provides employees with paid COVID-19 leave when subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. The amount of paid time off to which employees are entitled under this mandate has recently changed in light of the CDC ending its recommended five-day isolation period following a positive COVID-19 test. For additional information on New York COVID-19 paid sick leave entitlements, please see our prior alerts here and here.

Importantly, the NYS 2025 Budget set the sunset date for New York State COVID-19 leave as July 31, 2025. After this date, COVID-19 leave under the Emergency Leave Law will no longer be available. Employees may continue to use other qualifying paid leave, such as New York Paid Sick Leave, for COVID-19-related reasons.” (https://www.jdsupra.com/legalnews/sunrise-sunset-new-york-state-2025-1826423)

Additional Considerations

Originally Published January 9, 2024

1.      New York State Sexual Harassment Policy

The state released a revised policy in April 2023, all employers should update and train with the new policy.  Do not forget to include the complaint form.

2.      Update Paid Sick Leave Policies for Higher Accrual Requirements, Carryovers, and Caps

If you are not subject to a local paid sick leave law, you should update your paid sick leave policy to reflect that employees must now receive five days or 40 hours of paid sick leave per year.

3.      Attendance Policies

No fault attendance laws and regulations should be considered when drafting, implementing and enforcing an attendance policy

4.      Electronic Monitoring

Don’t forget to include the posting and communicate this policy to all employees.

5.      New York State Paid Family Leave

This law evolved in January 2023, to include new relatives covered under the leave law. 

6.      Review Policies for Interference With the National Labor Relations Act (“NLRA”)

With the National Labor Relations Board (“NLRB”) taking an aggressive stance against potential infringement of employee rights under Section 7 of the NLRA, employers should review their standards of conduct policies, confidentiality policies and social media policies, in particular. Consider removal of language impeding employees’ off-duty, lawful conduct. Consider restricting only limited categories of speech, for example, hate speech, incitements to violence, and disclosure of trade secrets in the social media policy. Consider also including NLRA disclosures that handbook policies are not intended to limit employees’ lawful, off-duty conduct or to infringe their right to discuss the terms and conditions of their employment. Generally, the NLRB considers one NLRA savings clause to broadly cover the whole handbook insufficient. (JD SUPRA)

• Compensation Philosophy & Wage Transparency

This should be reviewed to ensure internal pay equity policies and wage transparency compliance.

8.      Ensure Your Pregnancy Accommodations Policy complies with the Pregnant Workers Fairness Act & State Specific Laws and regulations.

New York State rolled out a draft policy for all employers to implement, ensure that your organization policy is compliant with both state and federal laws.

• Workplace Bullying, Zero-Tolerance Retaliation & Whistleblower

Review these policies and procedures and make changes as needed. 

1. State & Local Leave Laws

Ensure compliance with all state and local laws related to leave requirements, paid and unpaid; voting, military, blood donor, PFL, sick, etc.

1. Drug & Alcohol Testing and Drug Free Workplace

The evolving laws on recreational and medicinal marijuana will require policies and procedures to evolve.  Review all state and local laws prior to updating, along with DOT.

This is a very high-level list of potential changes to employee handbooks and manuals.  I’m happy to review and update any handbooks, policy, and procedure manuals.  Ensure that all languages are up-to-date and legally compliant.  After completion we need to communicate and train the workforce and verify receipt with a signature.