The New York State legislature passed S4844-B (the “Act”) on May 3, 2022, which would expand the rights of nursing employees to express breast milk in the workplace.
Under current New York law, employers must provide employees with reasonable break times and make reasonable efforts to provide a space for employees to pump breast milk. Like its New York City counterpart, reported on here, S4844-B would clarify the scope of covered employers’ obligations by imposing specific requirements regarding the room or location that employers designate for employees to use while expressing breast milk. The Act will also require employers to distribute a written policy to employees.
If signed by Governor Kathy Hochul, the Act would become effective 180 days thereafter.
The Act would require all New York State employers to designate a room or location, other than a restroom or toilet stall, for the use by an employee to express breast milk in the workplace. In essence, the Act codifies the New York State Department of Labor’s longstanding Guidelines and FAQs, by requiring that the room or location be:
Additionally, such room or location must also, at a minimum, contain (i) a chair, (ii) a surface on which the employee may place a breast pump and other personal items, (iii)...
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