New York Laws

NEW YORK STATE LACTATION POLICIES 

New York Labor Law §206-c: Right of Nursing Employees to Express Breast Milk[1] 

To Whom Does It Apply?

This law is applicable to all public and private employers in New York State, regardless of the size or nature of their business. 

Exempt Employers.

Where compliance is impracticable because it would impose undue hardship on the employer by causing significant difficult or express in relation to the size, resources, nature, or structure of the employer’s business, such employer shall make reasonable efforts to provide a room or other location, other than a restroom or toilet stall, in close proximity to the work area where an employee can express milk in private.

Work Break Requirements.  

Employers must provide 30 minutes of paid break time for employees to express breast milk when the employee has a reasonable need to do so and as often or frequently as an employee reasonably needs. Employers must also permit employees to use existing paid break time or mealtime if they need additional time for breast milk expression beyond the paid 30 minute intervals referenced above. This time must be provided for up to 3 years following childbirth. 

Lactation Space Requirements.

Upon request of an employee who chooses to express breast milk in the workplace, an employer shall designate a room or other location which shall be available for use by such employee to express milk. The designated lactation space must:

(1)            Not be a restroom or toilet stall and be maintained and cleaned at all times;

(2)            Be in close proximity to the employee’s work area (meaning within walking distance which does not significantly extend an employee’s break time);

(3)            Be shielded from view and free from intrusion from other persons, well lit, and equipped with a functional lock or a sign advising the space is in use;

(4)            Provide a chair and a desk, small table, counter or other flat surface.

(5)            Have nearby access to clean running water, and an electrical outlet if the workplace is supplied with electricity;

(6)            If not dedicated solely for use by employees to express milk, shall be made available to any employee for the purpose of breast feeding when needed and shall not be used for any other purpose or function while in use by a nursing employee. Employers shall provide notice when practicable that such room is in use to express milk.

(7)            Employers located in a shared work area, such as an office building, may cooperate with one another to establish and maintain a dedicated lactation room so long as such lactation room is located at a reasonable distance from the employees using the room.

According to the New York Department, as a last resort, a cubicle may be used for milk expression if it is fully enclosed with a partition, has walls of at least 7 feet ,and is not otherwise accessible to the public or other employees. 

Other Employer Obligations. 

(1)            Employers must provide a lactation room with components required by law. Employers are required to inform nursing mothers who are returning to work about their right to take unpaid breaks during the workday for the purpose of pumping breast milk.

(2)            If the workplace has access to refrigeration, the employer shall extend such access to the employee for purposes of storing the expressed milk.

(3)            Employers shall provide the New York State Department of Labor’s Workplace Lactation Accommodation Policy[2] each employee upon hire and annually thereafter to employees returning to work following childbirth. Such policy shall:

                                              (a)           Inform employees of their rights under the law;

                                              (b)           Specify means by which a request may be submitted to the employer for a room to express milk; and

                                              (c)           Require the employer to respond to such request within a reasonable timeframe, not more than five business days.

 

New York Civil Rights Law §79-E: Right to Breastfeed

Right to Breastfeed in Public.

Under New York State law, a mother may breastfeed her nursing child in any location, public or private, where she is otherwise authorized to be. This includes the workplace. 

NEW YORK CITY LACTATION POLICIES

New York City Civil Rights Law §8-107(22)(b): Employer Lactation Accommodation[3]

To Whom Does It Apply?

All New York City employers with four or more employees.

Work Break Requirements.

Employers must provide a reasonable amount of time for an employee to pump, and must not limit the amount of time or the frequency at which an employee pumps, unless the employer can show that such time poses an undue hardship on this business. There is no limit to how many years an employee may need to pump.

An employer cannot require an employee to perform work duties while the employee is pumping, but the employee must be compensated for their time if they are not completely relieved of their work duties while pumping. 

Lactation Space Requirements.

Employers must provide a lactation room and refrigerator suitable for breast milk in reasonable proximity to the employee’s work area. The lactation space must be clean and private, and must have the amenities that the employee needs to pump (such as nearby running water).

If the room is also used for another purpose, the employer must provide notice to other employees that the room is given preference for use as a lactation room.

Lactation Room Accommodation Policy.

Employers must develop and implement a written policy regarding the provision of a lactation room which is then distributed to employees upon hiring. The policy shall:

(1)            Include a statement that employees have a right to request a lactation room;

(2)            Require that the employer respond to a request for a lactation room within five business days;

(3)            Provide a procedure for when two or more employees need to use the room at the same time;

(4)            State that the employer shall provide reasonable break time for an employee to express breast milk; and

(5)            State that if the request for a lactation room poses undue hardship on the employer, the employer shall engage in a cooperative dialogue to determine potential alternative accommodations.

Exempt Employers.

Under New York City law, an employer can demonstrate that compliance with the Act would result in “undue hardship” to the business shall not be required to comply, however, any such employer must engage in a “cooperative dialogue” with any employees in need of accommodation.