Pregnant Worker Protections: 8 Laws NYS Employers Need To Know

Employers in New York State are required to follow both state and federal laws protecting the rights of pregnant employees. These laws and their requirements often overlap, creating complexities that we (Visions HR) can help you understand and manage. Employers should be aware of the following laws that apply to pregnant and/or nursing workers in New York State.

1.) Pregnancy Discrimination Act (PDA): This 1978 federal law, which amended Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

2.) Family and Medical Leave Act (FMLA): This 1993 federal law entitles covered employees to take up to twelve work weeks of unpaid, job-protected leave within a 12-month period for certain family and medical reasons. These reasons include childbirth, newborn childcare, and care for a newly adopted or fostered child. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.

3.) Pregnant Workers Fairness Act (PWFA): This 2023 federal law requires a covered employer (employer with 15 or more employees) to provide “reasonable accommodations” for an employee’s or applicant’s limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer “undue hardship.” Some examples of reasonable accommodations include additional or longer breaks, schedule changes, telework, adjustments to workstations, and leave for healthcare appointments. It’s important to note that the PWFA does not replace more protective federal, state, or local laws.

4.) Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act: This 2022 federal law expanded FLSA (Fair Labor Standards Act) protections for nursing mothers needing to express breastmilk at work. Under the FSLA, nursing employees are entitled to reasonable break time and a private space (other than a bathroom) to pump during the workday, for up to one year after giving birth. The PUMP Act expanded these rights to more employees, including nurses, teachers, agricultural workers, and truck drivers, to name a few.

5.) New York State Human Rights Law (HRL): This New York State law prohibits discrimination based on age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence. Pregnant workers are covered as a protected class under this law.

6.) New York Paid Family Leave (PFL): NYS Paid Family Leave provides eligible employees with up to 12 weeks of paid, job-protected leave for the following purposes: bonding with a new child, caring for a family member with a serious health condition, or assisting loved ones when a family member is deployed abroad on active military service. While taking PFL, employees receive 67% of their average weekly wage, capped at 67% of the current NYS Average Weekly Wage. PFL is funded by employees through payroll deductions.

7.) Paid Prenatal Leave (PPL): As of January 1, 2025, the NYS Paid Prenatal Leave Law requires New York private sector employers to provide an additional 20 hours of paid leave to workers receiving medical care related to pregnancy. The 20 hours must be provided as a separate benefit in addition to other leave policies, including NYS Paid Sick Leave. Covered services include physical examinations, medical procedures, monitoring, testing, discussions with a health care provider needed to ensure a healthy pregnancy, end-of-pregnancy care, and fertility treatment.

8.) New York Labor Law Section 206-c: This 2019 state law expands upon the federal PUMP Act, providing all employees (regardless of employer size or industry) with the right to paid breaks to express breast milk. Employers must provide employees with the NYSDOL Policy on the Rights of Employees to Express Breast Milk in the Workplace at the start of employment and each year following.

As you’ve probably noticed, the federal and state laws protecting pregnant employees overlap at several points, with New York State laws often extending worker protections beyond the scope of federal mandates. The intersection between various laws can create confusion for employers regarding their obligations to pregnant and nursing employees. Visions Human Resource Services, LLC is here to help you navigate the complexities of overlapping federal and state requirements, ensuring you know your obligations under the law. Visions HR offers a full spectrum of Human Resource consulting services, providing support, advisement, and compliance in all employment-related matters. To learn more, contact a client manager at info@VisionsHR.com or call 845-567-3978.

Please note: Visions Human Resources Services is not a law firm. Should you need legal advice, please contact your legal counsel.