New York Employers Must Provide Paid Lactation Breaks to Employees

In a move to further support working mothers, New York State has expanded its requirements for lactation accommodations in the workplace. Previously, employers were mandated to provide reasonable break time and private space for expressing breast milk. Additionally, a written lactation accommodation policy was required, in line with similar measures in New York City, California, and other jurisdictions.

As of June 19, 2024, these obligations have been extended. All employers in New York State are now required to offer 30 minutes of paid break time for employees to express breast milk for their nursing child, for up to three years following the child’s birth. This significant update ensures that mothers have the necessary support to balance their work and nursing responsibilities without financial penalty.

What Employers Need to Know

Employers must review and update their wage and hour policies, as well as their notice procedures, to comply with this new law. Key requirements include:

• Paid Break Time: Employers must provide 30 minutes of paid break time for lactation purposes.
• Duration: This break time must be available for up to three years following the birth of a child.
• Policy Distribution: Employers must provide all employees with the NYSDOL Policy on the Rights of Employees to Express Breast Milk in the Workplace at three critical times:At the start of employment.Annually thereafter.Whenever an employee returns to work following the birth of a child.

These measures underscore the importance of supporting nursing mothers and ensuring they have the necessary time and space to express breast milk comfortably and without financial loss.

How Outside Legal Counsel LLP Can Help

The attorneys at Outside Legal Counsel LLP have extensive experience in drafting employment manuals and policies that comply with state and federal laws. We can assist your business in implementing these new requirements seamlessly and effectively.

Reach out to us to schedule a consultation and ensure your business is compliant with the latest legal requirements.

This is not legal advice and is attorney advertising.