New State and City Requirements May Require Handbook Updates
New York State and City have enacted new requirements for employers in recent weeks. With these recent changes and the summer upon us, now may be an ideal time for employers to review and update their handbook policies and employee notices to ensure full compliance and alignment with the latest requirements.
New York State Increases Daily Rate of Pay for Jurors
In the recent passage of the 2025-2026 New York State Budget, the New York legislature increased the daily rate of pay for jurors serving in New York from $40 to $72. Effective June 8, 2025, employers with 11 or more employees must pay their employees who are absent for jury duty at a daily rate of $72 for the first three days of jury duty. While the amount has changed, the mechanics of the employers’ obligations remain the same.
If an employee’s wages for time spent away on jury duty would be equal to or higher than the jury fee, the employer is responsible for paying at least the jury fee directly to the employee. If an employee’s daily wages for time spent away at jury duty would be lower than the now-$72 per day rate, the employer must pay the entirety of such daily wages. The employee may then seek the difference between the amount of the employee’s daily wages and the $72 from the state. Employers should update their jury duty leave policies to reflect this increased amount.
NYC Safe and Sick Time Law Amendments relating to Paid Prenatal Leave
Earlier this year, New York State implemented a paid prenatal leave amendment to the State’s Sick and Safe Leave Law, which requires employers to provide employees 20 hours of paid prenatal leave during any fifty-two-week period. In connection with this new law, New York City issued amendments to the regulations for the city’s Earned Safe and Sick Time Act (“ESSTA”) clarifying that the paid prenatal leave requirements also apply under City law as an additional entitlement. These ESSTA amendments go into effect July 2, 2025.
City employers will need to incorporate the newly-introduced paid prenatal leave elements into their policies and practices, including those listed below:
Employers must distribute written safe and sick time and paid prenatal leave policies to employees upon hire and within 14 days of the effective date of any policy changes (or upon an employee’s request). For most employers, complying with these amendments will result in a policy change requiring redistribution. Paid prenatal leave policies will need to inform employees of the availability of a separate bank of 20 hours of paid prenatal leave during a given 52-week period, and must explain any conditions or limitations such as the minimum increments of use (one hour) and notice requirements. While the ESSTA regulations discuss permitting documentation supporting prenatal leave if the leave lasts more than 3 consecutive workdays, the New York State paid prenatal leave FAQs seem to prohibit the employer from asking employees to provide details about the associated medical conditions. In any event, the policy should make clear that any information the employer does receive about the employee’s use of paid prenatal leave will be kept confidential and not disclosed to anyone without the employee's written permission or as required by law.
Employers must modify their posted Notice of Employee Rights to the latest version, redistribute the latest to all employees, and provide it to new hires.
Employers must ensure that employees are informed each pay period where they use paid prenatal leave (via pay stubs or other writing provided to employees) of (i) the amount of paid prenatal leave used during a pay period, and (ii) the total balance of remaining paid prenatal leave available for use in a given 52-week period. Pay stubs for NYC employees are already required to list the amount of paid sick and safe time accrued and used during each pay period and the total paid sick and safe leave balances available for use. If an employer uses an electronic system to issue pay statements or other documentation related to paid prenatal leave, the employer may comply with this requirement by (a) electronically alerting the employee of the above balances each pay period, (b) making the required information accessible by the employee outside of the workplace within the electronic system, and (c) maintaining accrual, use, and balance information for any past pay period in said electronic system such that it is readily accessible to employees outside of the workplace.
Employers with questions about compliance with recently-enacted State and City requirements or who would like assistance to ensure policies and notices are compliant this summer should contact Jack Culhane at jculhane@fglawllc.com or any other attorney at the Firm.
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