Employers in New York State are required to comply with new obligations to accommodate nursing employees and to issue a mandatory lactation policy released by the Department of Labor beginning June 7, 2023. The expanded obligations arise from new amendments to New York State’s Nursing Mothers in the Workplace Act (New York Labor Law § 206-c).
Previously, New York State required employers to provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following child birth.
The law also required an employer to make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. The law further forbade an employer from discriminating against an employee who chooses to express breast milk in the workplace.
The amendments to New York State’s Nursing Mothers in the Workplace Act expand employer obligations. Employers must allow breaks to lactating employees “each time such employee has reasonable need” to express breast milk for up to three years following childbirth.
Employers are also required to designate a room or other location to express breast milk. The room or other location must be in a place that is:
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