New York State Paid Lactation Breaks

On April 24, 2024, New York Governor Kathy Hochul signed legislation to implement the state’s fiscal year 2025 budget.  Within that legislation was a line item amending the NYS Labor Law requiring employers to provide nursing mothers with 30 minutes of paid break time to express breast milk at work, updating a law that had previously permitted reasonable, unpaid break time.

This updated law took effect on June 19, 2024 and it applies to all public and private employers in New York State, regardless of the size or nature of their business.  Employers must provide employees with written notice of this law, by providing a copy of the New York State Department of Labor Policy on Breast Milk Expression in the Workplace,  upon hire, upon returning to work after the birth of their child, and annually.  Employers are also required to have a written policy that details the rights of nursing mothers that includes their new entitlement to take 30-minute paid breaks to express breast milk.

Employers must provide paid time each time an employee has a need to express breast milk.  Employees who need more than the required 30 minutes may use existing paid break time, use scheduled meal periods, or receive additional unpaid break time for this purpose.  Employees are not required to make up this time and employers cannot require employees to stay beyond their regularly scheduled hours to make up the time taken for break milk expression. This paid break time must be provided for up to three years following the birth of the child.

Employees who intend to express breast milk at work are required to notify their employer, in advance, preferably prior to returning to work from leave.  This notification must be in writing, and should include the anticipated return to work date, as well as information regarding how many breaks may be needed during the workday, and if known, notifying the employer of their preferred times to express milk.

Employers must continue to provide a private lactation room, close to work areas, for employees to use to express breast milk and notify all employees, in writing, of the space designated for this purpose.

Employers should review their policies to ensure that they are compliant with the changes to New York’s Labor Laws and any other local lactation laws that are in effect.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.

Dave Mahoney advises private business owners and their human resources professionals on how to navigate the always evolving employer-employee relationship. Dave is a trusted resource who advises companies, large and small – union and non-union, with the day-to-day challenges of complying with constantly changing federal, state, and local laws. Dave takes a proactive approach, helping employers avoid disputes by establishing policies and procedures that are designed to establish clear avenues of communication and expectations between companies and their workforces to avoid litigation whenever possible. Dave also regularly conducts internal audits and investigations to solve problems before they arise. Read more here.

Maureen Bradley is a Human Capital Business Advisor with Rimon. Her primary focus is assisting federal contractor/subcontractor clients in the development and maintenance of their Affirmative Action Plans (AAP). She proactively reviews and analyzes the client’s employment activity data to ensure compliance with all AAP regulations and she assists clients with their compliance review submissions to the Office of Federal Contract Compliance Programs (OFCCP). Read more here.