New York has substantially expanded workplace requirements for employees who need lactation accommodations at work. The state designed these legislative updates to ensure nursing parents have access to functional spaces for expressing breast milk. Understanding the law is essential for maintaining legal compliance throughout the state.
Here are some essential pieces of information you may need to provide safe places for lactating mothers.
Time requirements
New York lactation protections generally apply to public and private employees who require breast milk pumping at work. The protection covers workers for up to three years following childbirth. You should assume that you have an obligation to accommodate unless there is a clear exception. Lactation accommodation focuses on two key obligations of the employer:
- Adequate time to express milk
- A private, suitable space to express milk
Under NY law, an employee is entitled to a 30-minute paid break each time they reasonably need to express breast milk at work. Employees are also permitted to take their regular paid break times or meal periods if they need additional time beyond this required paid break.
New York requires you to accommodate when employees need time to express breast milk. You cannot force them to use their regular break time instead of providing the required paid lactation break. Organizations employing individuals requiring lactation intervals must adhere to these statutory prerequisites.
Spatial requirements
If an employee needs lactation protections, time is not the only thing you need to provide them. New York employers must provide employees with a private room or location where they can pump milk. However, it cannot just be any area.
The location may not be a restroom or stall. The space must include a chair, a working surface, electricity, and nearby access to running water. If you cannot provide a dedicated lactation room, you may provide a temporarily vacant room instead. You may provide cubicles as a last resort, but they must have walls that are at least seven feet tall.
The room or area must be truly private. You must provide an accommodation that is not open to the public while the employee is pumping breast milk. The area must have a door with a functional lock or a warning sign that the location is in use. If there are any windows, you must cover them. Additionally, you must distribute New York’s mandatory written lactation policy to all employees upon hire, annually and upon an employee’s return to work following the birth of a child.
Consequences of noncompliance
Employees have the right to file an anonymous complaint with the NY Division of Labor Standards. You may face civil penalties and other legal consequences for failing to follow state accommodation laws. The Department of Labor may require you to rectify violations and pay statutory fines.
Knowing the law is your first step to protecting you and your business. By being proactive about preparations, you can ensure you are meeting your legal obligations as a New York employer. You may also consider reaching out to a legal representative should you need to navigate NY corporate legal systems.
