Effective May 8, 2025, New York City employers with four or more employees must physically post a copy of their written lactation policy in an area accessible to employees as well as on its intranet if one exists.
This new posting obligation is an addition to the City’s requirement that covered employers maintain a written lactation room accommodation policy that must be provided to new employees upon hire and New York State’s requirement to provide the policy annually. The City enacted legislation on November 9, 2024, effective 180 days later, amending existing provisions to require covered employers to make their written policies readily available to employees.
In addition, the legislation amended the ordinance to reflect 2024 changes in New York State law (explained in detail here) requiring employers to provide at least 30 minutes of paid break time for breast milk expression. While the New York City ordinance covers only New York City employers with four or more employees, be aware that obligations for paid lactation breaks under New York State Labor Law § 206-c apply to all employers in New York State.
To be compliant, the lactation policy must clearly state that employees have the right to request a private space to express breast milk and outline the steps for making such a request. The policy should also inform employees that the employer will provide 30 minutes of paid break time for employees to express breast milk and shall further permit an employee to use...
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