New York Introduces Workplace Lactation Law

Legislative Changes
Governor Kathy Hochul signed a workplace lactation bill into law set to become effective on June 19, 2023. This amendment to Section 206-c of the New York Labor Law mandates that employers provide reasonable unpaid break time or permit the use of paid break or meal time for employees to express breast milk for up to three years following childbirth.

Facility Requirements
Employers must accommodate employee requests for a designated location to express breast milk, furnished with a chair, working surface, and electrical outlet. The location should be near the employee’s work area, with access to clean water and shielded from view. Restrooms or toilet stalls are not permissible locations. Additionally, if refrigeration is available, the employer must allow for the storage of expressed milk.

Designated Location Usage
While not exclusively reserved for expressing breast milk, the designated location must be available for this purpose when needed by employees. Employers must notify all employees when the location is in use for expressing breast milk, preventing its use for other purposes during that time. If compliance poses undue hardship, employers must make reasonable efforts to provide an alternative location in close proximity to the work area.

Policy Development and Implementation
The Commissioner is tasked with developing and implementing a written policy outlining the rights of nursing employees to express breast milk in the workplace. Employers are obligated to distribute this policy to all employees upon hiring, annually, and upon employees’ return to work following childbirth. The policy should detail employees’ rights under Section 206-c of the Labor Law, the process for requesting a location for expressing breast milk, and the timeframe for employers to respond to such requests, not exceeding five business days.

Prohibition of Retaliation
The law prohibits employers, their agents, or any other individuals from retaliating against employees for exercising their rights under Section 206-c of the Labor Law. This includes discharging, threatening, penalizing, or discriminating against employees in any way

Legal Considerations
Employers should familiarize themselves with the requirements of the new law and ensure compliance to avoid potential legal implications. Providing adequate facilities and implementing policies in accordance with the law’s provisions are essential steps for employers to meet their obligations and uphold the rights of nursing employees.

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