New York Breastfeeding Law: Paid Lactation Breaks Explained for Employers
New York State has amended its labor law to accommodate breastfeeding mothers in the workplace. As of last month, employers are required to provide paid breastfeeding breaks. This update to Section 206-c of the New York Labor Law creates significant changes to workplace breastfeeding policies and numerous considerations for compliance.
Changes to New York Breastfeeding Law for the Workplace
Previously, New York mandated that employers provide one unpaid break every three hours for nursing mothers to express breast milk. However, the recent amendment changes the equation:
- Paid Breaks: Employers must now provide up to 30 minutes of paid breastfeeding break time each time an employee needs to express breast milk. This applies for up to three years following childbirth.
- Flexibility: Employees can combine existing paid breaks or mealtimes with the allotted 30 minutes if their pumping needs exceed that timeframe.
- Discrimination Protection: The law explicitly prohibits employers from discriminating against employees for expressing breast milk in the workplace.
Resources and Compliance
The New York State Department of Labor (NYSDOL) has taken steps to ensure employers are aware of these changes:
- Updated FAQs: The NYSDOL FAQs address paid lactation breaks and clarify employers’ obligations.
- Revised Policy: The NYSDOL Policy on the Rights of Employees to Express Breast Milk in the Workplace has been updated and needs to be distributed to employees upon hire, annually, and upon returning from childbirth leave.
- Fact Sheets: Separate fact sheets on the amendment, one for employers and another for employees, are available on the NYSDOL website.
The NYSDOL emphasizes that employers must accommodate employees’ reasonable requests for breaks and acknowledges that the number of breaks needed can vary depending on the individual.
What New York Employers Should Do Now
Because of these changes, New York employers should consider the following:
- Review and Update Policies: Work with legal counsel to review and update existing lactation accommodation and leave policies to reflect the new paid breastfeeding break requirement.
- Employee Communication: Disseminate clear and accurate information to employees regarding the amended law. Consider providing training for managers and supervisors on handling employee requests for lactation breaks.
- Accommodation Strategies: Develop a plan for providing a clean and private space for expressing breast milk in the workplace. This could be a dedicated lactation room or a designated, private area.
Staying Compliant
By understanding these changes and taking proactive steps, New York employers can ensure compliance with the new breastfeeding amendment to the Labor Law. Bleakley Platt & Schmidt, LLP’s Labor & Employment Practice Group is experienced in navigating workplace regulations and can assist your company in developing compliant lactation break policies and practices.