New York State Expands Employer Obligations to Nursing Mothers
Effective June 7, 2023, New York State employers are required to comply with new obligations to accommodate nursing employees in the workplace. New York State’s Nursing Mothers in the Workplace Act was amended to expand requirements to allow nursing employees to express breast milk based on individual needs for up to three years following childbirth.
Employers must provide reasonable unpaid break time to express milk. Additionally, employees must be permitted to use paid break time or mealtime at least every three hours if requested by the employee.
Employers must designate a room or other location that is:
- In close proximity to the work area;
- Well lit
- Shielded from view
- Free from intrusion from other persons in the workplace or public
- Not a restroom or toilet stall
Additionally, the room must be supplied with:
- A chair
- A working surface
- Nearby access to clean running water
- An electrical outlet, if the workplace has electricity
- Refrigeration for the purposes of storing the expressed milk, if there’s access to refrigeration in the workplace
If the lactation room is not solely dedicated for the purpose of expressing milk, employers are required to make the room available when needed by the nursing employee. Employers are required to provide notice to employees as soon as practicable when the room has been designated for use by employees to express breast milk.
If an employer can demonstrate an undue hardship to satisfy the above requirements, the employer must make reasonable efforts to provide a room or other location in close proximity to the work area where the employee can express breast milk.
Written Lactation Policy
The New York State Department of Labor issued a model policy: Policy on the Rights of Employees to Express Breast Milk. Click here to access the New York Department of Labor model policy.
Employers must provide the written policy to each employee upon hire, annually, and to an employee returning to work after the birth of a child.
Next Steps
New York State employers must provide the New York Department of Labor lactation policy and proper notice to employees. Employers are prohibited from discriminating against an employee who chooses to express breast milk in the workplace.