Protection for Nursing Employees in New York

New York employers and employees should be aware of a recent amendment to the New York Labor Law that affects nursing employees.

Break Time for Breast Milk Expression

As of June 19, 2024, employees have a right to paid break time to express breast milk in the workplace. This applies to private and public employers of all sizes and industries.

The law provides for a 30-minute paid break to express breast milk for up to three years after the birth of a child whenever there is a reasonable need to do so. The employee can take as many of these breaks as reasonably needed in addition to other required break times. The law recognizes that the number of breaks needed to express milk will be unique to the individual.

This policy is the minimum standard required; employers are encouraged to provide additional accommodations tailored to their workplace to meet the needs of their employees.

Remote employees have the same rights to paid time off to express breast milk as employees who work in-person.

Notice & Protection

Employers must tell employees about their right to express breast milk by providing the New York Department of Labor’s written policy (“Your Rights as an Employee to Express Breast Milk at Work”) upon hire, annually, and when an employee returns to work after the birth of a child.

Employers cannot discriminate against employees who choose to express breast milk at work. They also cannot require employees to work before or after a normal shift to make up for paid break time used to express breast milk. Employers cannot require an employee to work while expressing breast milk; however, the employee can voluntarily choose to do so.

Employees must provide reasonable advance notice of their need to express breast milk at work—ideally before returning to work if they are on leave—so that the employer has time to find an appropriate location and adjust schedules if needed.

Employees that desire a room or other location to express breast milk should make the request in writing to a direct supervisor or individual designated to receive such requests. The employer must respond in writing within five days. Employers must notify all employees in writing when a room or other location as been designated for lactation purposes.

Appropriate Lacation Spaces

In general, lactation spaces must be private (shielded from view and free from intrusion); close to the employee’s work area (within walking distance); provide good lighting; have accessible, clean running water; have an electrical outlet; and have a chair and desk, table, counter, or other flat surface. The door should have a functional lock or, as a last resort, a sign indicating the space is in use. The space must be maintained and clean at all times.

The space provided cannot be a restroom or toilet stall.

Employers may dedicate a single space for breast milk expression and do not need to provide a separate space for each nursing employee.

If there is not a separate room or space available for lactation, an employer may temporarily use a vacant office or other available room. The room must not be accessible to the public or other employees while in use. As a last resort, an available cubicle may be used for breast milk expression. This is only acceptable if it is fully enclosed with a partition and not otherwise accessible to the public or other employees while in use. The cubicle walls must be at least seven feet tall to insure the employee’s privacy.

Employers must let employees use their refrigerator to store breast milk; however, they are not responsible for the safekeeping of that milk.

If an employer can demonstrate undue hardship in providing a space that meets the law’s requirements, they must still provide a space that meets as many of the requirements as possible. Undue hardship means that it causes “significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.” An employer cannot deny an employee the right to express breast milk in the workplace due to difficulty finding a location.

Enforcing Your Rights

If an employee believes they are experiencing retaliation for expressing breast milk at work or that their employer is violating the law, they should contact the New York State Department of Labor’s Division of Labor Standards at 1-888-52-LABOR, LSAsk@labor.ny.gov, or www.dol.ny.gov/breast-milk-expression-workplace.