As of June 19, 2024, New York employers must provide up to 30 minutes of paid break time for employees to express breast milk at work, pursuant to New York Labor Law Section 206-c.
The New York State Department of Labor released an instructive FAQ that, in part, stipulates the following:
- This law applies to all public and private employers in New York, regardless of the size or nature of their business.
- Employers must provide all employees with paid break time to pump breast milk at work.
- Employees may take up to 30 minutes of paid break time daily to pump breast milk at work for up to three years following the birth of a child.
- Employers may not take time away from meal periods or regular paid breaks to cover this time.
- Employers cannot require employees to stay beyond their regularly scheduled work hours because they took breaks during the workday for breast milk expression.
- The room or location provided to express breast milk cannot be a restroom or toilet stall.
- Employers must accommodate employee(s) whenever they reasonably need a break to express breast milk. The number of break times needed throughout the day may be unique to each individual employee.
- Employers may not discriminate or retaliate in any way against an employee who chooses to pump breast milk in the workplace, or who files a complaint under this law.
New York employers must provide written notification of these rights to all employees at the time of hire, in each subsequent year of employment, and upon their return to work following the birth of a child. Employers must inform employees of these rights by providing a copy of the New York State Department of Labor Policy on Breast Milk Expression in the Workplace.
Originally published on 25 June 2024
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