On December 7, 2022, New York State expanded protections afforded to working mothers by amending the Nursing Mothers in the Workplace Act ("NMWA"). Specifically, the updated NMWA now requires employers to (i) provide reasonable breaks to allow an employee to express breast milk each time the employee has a reasonable need to express milk for up to three years after childbirth and (ii) provide a location (not a bathroom) for the employee to express breast milk. The location the employer is required to provide must contain a chair, a working surface such as a desk, and an electrical outlet. The designated location must also be near the employee's work area, near clean running water, be well lit, shielded from view, and free from intrusion by other people. Additionally, if the employer has a refrigerator, the employee must be provided access to the refrigerator so she can store the breast milk.
The new provisions of the NMWA also mandates that the New York State Commissioner of Labor must develop a written policy intended to inform nursing employees of their rights. Employers must provide the written policy to employees at the time of hire, annually, and after an employee returns to work following the birth of a child.
The amendments to the NMWA go into effect on Jun 7, 2023 and will provide nursing employees with important protections that will allow them to better manage their childcare responsibilities while continuing to work and pursue a career.
If you have been subjected to sex or gender discrimination in connection with your employment or if you feel that your employer has failed to provide you with an accommodation, it is important to contact an attorney as soon as possible to understand your rights and whether you can pursue any claims.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.