Understanding Employee Rights for Nursing Moms in NY
New York Employees Now Have The Right to Express Breast Milk in the Workplace
Starting June 19, 2024, a new policy under New York State Labor Law Section 206-c mandates that all employees, regardless of their employer’s size or industry, are entitled to paid break time for expressing breast milk at work. Here’s what you need to know:
Employee Rights
Paid Breaks: Employees are entitled to 30 minutes of paid break time for expressing breast milk whenever they have a reasonable need.
Frequency: Paid breaks must be provided as often as needed for up to three years following childbirth.
No Makeup Time: Employers cannot require employees to work extra hours to make up for the time used for expressing milk.
Advanced Notice: It is important that employees notify their employers in writing that they will be expressing breast milk at work. Employees should include the number of breaks and as well as their preferred times.
Employer Responsibilities
Inform Employees: Employers must inform new hires and provide annual reminders about their rights regarding breast milk expression at work. This includes providing the NYSDOL Policy on the Rights of Employees to Express Breast Milk in the Workplace.
Provide a Suitable Space: Employers must offer a private, clean, and comfortable space (not a restroom) for breast milk expression.
Respond to Requests: Employers must respond in writing to employee requests for lactation rooms within five days.
Support and Resources
Compliance: Employers are encouraged to add accommodations tailored to their workplace beyond the minimum requirements.
Reporting Issues: Employees can contact the NYS Department of Labor if they face any retaliation or if their rights are not honored.
This new law underscores the importance of supporting breastfeeding employees and ensuring a family-friendly workplace. For more detailed information, visit the New York State Department of Labor website. Additionally, if you are a healthy lactating woman and would like to donate milk, please visit our Donate Milk page to start the process.
