New York Law Updates January 2025
Criminal History Notice Requirements
New York State now requires employers of all sizes that receive applicants’ or employees’ criminal history records provide them with all of the following:
A copy of the criminal history information
A copy of Article 23-A of the New York Correction Law
Notice of their right to seek correction of inaccurate criminal history information
These requirements are in addition to existing criminal background check notice requirements that may apply under federal, state, and local laws (i.e., the federal Fair Credit Reporting Act). The law also requires the automatic sealing of certain criminal history records within the next three years. Sealed records are generally excluded from background checks, except when employers are legally required to review such records.
Action Item
If you collect criminal history information on applicants or employees, provide them with the required notices.
Prenatal Leave
On January 1, 2025, employers of all sizes will be required to give pregnant employees 20 hours of paid prenatal leave during any 52-week period, which can be used for healthcare services related to the employee’s pregnancy. Employees can take leave in increments as small as one hour. The law is silent on whether employers can require documentation to support an employee’s need for leave, so unless the state provides more clarity on this point, we recommend not requiring it.
Action Items
Add a paid prenatal leave policy to your handbook
Ensure managers are aware of this new paid leave entitlement