July 3, 2024 – As of June 19, 2024, New York State Labor Law § 206-c requires employers to provide paid lactation breaks for all employees. The New York State Department of Labor has released revised materials, including an updated mandatory model policy on the Rights of Employees to Express Breast Milk in the Workplace (link: https://dol.ny.gov/system/files/documents/2024/06/p705-policy-on-the-rights-of-employees-to-express-breast-milk-in-the-workplace_-24-1.pdf). The law applies to all private and public employers in New York State, regardless of the nature of business or employer size. Employers shall provide a written copy of the model policy to each employee upon hire, annually, and to any employees returning to work after the birth of a child.
Pursuant to § 206-c(1), New York employers must provide a 30-minute paid break to employees “each time such employee has a reasonable need to express breast milk.” The number of paid breaks an employee will need to express breast milk is unique to each employee and employers must provide reasonable break times based on the individual. Employees must be permitted to use existing paid break or meal time should they need more than the paid 30 minutes per session. This time must be provided for up to three years following childbirth. Further, employees who work remotely have the same rights to paid time off for the purpose of expressing breast milk, as all other employees who perform their work in-person.
Section 206(c) further mandates that employers provide a private room or alternative location for the purpose of breast milk expression. The space provided cannot be a restroom or toilet stall. The private room or alternative location shall be in a place that is:
- In close proximity to the work area;
- Well lit;
- Shielded from view; and
- Free from intrusion from other persons in the workplace or the public.
At minimum, the room or location should provide a chair, a working surface, nearby access to clean running water, and, if the workplace is supplied with electricity, an electrical outlet.