New York Officially Requires Paid Lactation Breaks

As of June 19, 2024, New York employers are required to provide their employees with up to 30 minutes of paid lactation break at work for up to three years after giving birth. Before this change, employers only had to provide reasonable unpaid break time for those who needed to express breast milk at work. The change comes from New York's 2025 budget, and it aims to protect those expressing breastmilk from workplace discrimination while promoting maternal health and better outcomes for children who are nursing.

While technically, nursing breaks are nothing new to New Yorkers, as under the 2007 Nursing Mothers in the Workplace Act, New York employers were legally required to provide reasonable unpaid break times for nursing mothers; the amendment to the New York Labor Law significantly expands this requirement, providing significant changes and potential relief for many nursing employees. The change occurred in the New York Labor Law Section 206-c, in Bill No. A08806C, part of the 2025 New York State budget bill. 

Section 206-c, also labeled as the "Right of nursing employees to express breast milk," specifically provides those employees who are lactating the following rights:

"An employer shall provide paid break time for thirty minutes, and permit an employee to use existing paid break time or meal time for time in excess of thirty minutes, to allow an employee to express breast milk for such employee's nursing child each time such employee has a reasonable need to express breast milk for up to three years following childbirth. No employer shall discriminate in any way against an employee who chooses to express breast milk in the workplace." 

Key Take Takeaways From the New York Labor Law

Increased Rights for Nursing Employees:

In practice, Labor Law Section 206-c articulates that employees have the right to be provided a paid break each time an employee has a reasonable need to express breast milk, no matter the industry or size of the employer. The law requires employers to provide nursing employees with 30 minutes of paid break time to express breast milk at work and allows employees to use other existing paid breaks or meal times should they exceed their allotted half hour. As mentioned, under this change, employees may also access this protected break time for up to three years following the birth of a child. 

Employees who are nursing also have further protections under the Consolidated Appropriations Act of 2023. Signed into law by President Biden at the end of 2022, the Consolidated Appropriations Act includes the PUMP for Nursing Mothers Act ("PUMP Act"), which expanded the rights for nursing employees to receive break times to pump as well as a private place to pump at work other than a bathroom. According to the PUMP Act, the place must be shielded from view and free from intrusion from coworkers and the public.

Employers Have New Policy and Notice Obligations:

Along with the changes, employers must also provide their employees with a written policy that outlines the rights of nursing employees, including their new entitlement to take 30-minute paid breaks to express breast milk. Employers can also choose to provide their employees with a copy of the New York State Department of Labor Policy on Breast Milk Expression in the Workplace, which was recently updated to incorporate the new paid leave requirements. The new policy must also be communicated to those who are newly hired, as well as annually, and when the employee returns to work following the birth of a child. 

In alignment with the PUMP Act, employers are also required to inform all staff in writing when a lactation space is designated and ready for use and abide by lactation space requirements. According to the agency guidelines, the employee must also provide notice to their employer, in writing and ahead of time, if they intend to pump breast milk upon their return to work.

Were You Denied a Paid Lactation Break? Connect With a Morgan & Morgan Attorney Today

You can find more information regarding Labor Law Section 206-c on the New York State Department of Labor (NYSDOL) website, as it has updated its guidance page to reflect the changes. The NYSDOL also addresses the purpose of the new law, the use of break time to express breast milk, how to request lactation breaks, specifications for lactation space requirements, and other state and federal support resources for nursing employees. As previously mentioned, this law applies to all private employers in New York, regardless of size or the nature of the business, making it essential for your employer's policies and practices to comply with the change. 

Should you believe your employer has denied you the right to a lactation break, you may be entitled to financial compensation. For more information, connect with a New York Labor and Employment Attorney today to receive a free case evaluation. At Morgan & Morgan, we strive to ensure our clients are cared for like family, which is why when you decide to work with our law firm, your attorney and legal team will get straight to work on your case.