Employees in New York now have the right to take paid break times during the workday to express breast milk. Here is what employers need to know about this new lactation law.
Employees who Nurse Have More Rights Now
The State of New York amended its Labor Law to require employers to provide nursing employees with 30 minutes of paid break time to express breast milk at work. This law used to be unpaid.
This paid time must be provided each time an employee needs to express their milk. If the employee needs more time, it can be extended through existing paid breaks or meal times. Employees will have access to this paid break time for up to three years following their child’s birth.
Policy and Notice Obligations for Employers
Employers must maintain a written policy that outlines a nursing employee’s rights. They must also inform employees of their rights by providing a copy of the New York State Department of Labor Policy on Breast Milk Expression in the Workplace. This policy must be communicated annually, during the hiring process, and when employees return from parental leave.
It’s also recommended that employees planning to pump at work notify their employers in writing beforehand.
Review Updated Guidance
The New York State Department of Labor updated its guidance to reflect this change. This addresses the purpose of the law, the use of break time to express breast milk, how to request lactation breaks, specifications for lactation space requirements, and other state and federal support resources.
Update Employer Policies and Practices
Because this law applies to all New York private employers, updating business policies and practices is essential to complying with it. Employers should familiarize themselves with the new requirements and guidelines while training staff to enforce these changes.