Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—New York: state sick leave changes; no sign of slowing, (Jul 18, 2025)

Law Firms Mentioned:Foley & Lardner

Organizations Mentioned:Foley & Lardner, LLP

By Felicia O'Connor of Foley & Lardner

As 2025 continues, the state sick leave law landscape continues to change, posing ongoing challenges for multistate employers. On July 10, 2025, Missouri Governor Mike Kehoe signed legislation repealing the state's sick leave law, which was passed by Missouri voters in November 2024. This was just the latest in a series of legal developments with respect to state sick leave.

With several new sick leave laws becoming effective in 2025, and with last minute changes passed by state legislatures, multistate employers must remain vigilant regarding compliance with sick leave requirements.

Below is a summary of some 2025 state law sick leave-related developments.

As January 1, 2025, New York implemented paid prenatal leave. The statute makes it clear that the prenatal leave requirement is in addition to and independent from any other paid leave. As a result, unlike many sick leave requirements, paid prenatal leave in New York cannot be rolled into an existing PTO or sick leave policy, and employers cannot require employees to exhaust other leave prior to using the new paid prenatal leave. The law is the first of its kind in the nation providing leave specifically related to prenatal issues, and may be a bellwether for new laws to come.

Three states that previously had no sick leave requirements passed paid sick leave through ballot initiatives in late 2024. Alaska's new sick leave law became effective on January 1, 2025. Nebraska gave employers a bit more time to implement sick leave, with its law becoming effective on October 1, 2025, with a September 15, 2025, notice requirement. Any Nebraska employer who has not yet reviewed the new sick leave requirements and prepared for implementation should do so soon in order to be ready for fall implementation.

The third state with a new sick leave law passed by voters was Missouri, which was passed in November 2024. Prior to and just following the law's implementation on May 1, 2025, the Missouri legislature engaged in heated debate on the topic, ultimately repealing the voter-passed law. However, the repeal passed by the Missouri legislature did not provide for immediate effect. Instead, the repeal does not become effective until August 28, 2025, leaving Missouri employers to accrue and provide sick leave to employees for a four-month period. It was widely expected that Governor Kehoe would sign the bill repealing sick leave in the state, and he did so on July 10, 2025.

As a result, Missouri employers must now determine whether they will cease providing sick leave to employees on August 28, 2025, given the impending lack of state requirement. Employers must also determine whether they will permit employees to retain any sick leave accrued during the four-month period, and how to communicate the changes to employees.

Several other states have implemented changes to sick leave laws, including Connecticut, Minnesota (which continues to tweak its law including new changes which went into effect on July 1, 2025), and Michigan.

The constantly changing legal landscape poses a true challenge for multistate employers who must constantly monitor potential changes to sick leave in the states in which they operate. With changes taking place even mid-year, it is not sufficient to review sick leave policies once per year in order to remain compliant.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Felicia O'Connor

Foley & Lardner

321 North Clark Street, Suite 3000

Chicago

United States

Tel.: +1 312 832 4500

E-mail: info@foley.com

URL: www.foley.com/

Attorneys: (Foley & Lardner).

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