Under the New York Labor Law, Section 206-c, all public and private employers, regardless of the size or nature of the business, must provide employees with paid break time to express breast milk for up to three years following child birth. Employers must provide 30 minutes of paid break time for their employees to express breast milk when the employee has a reasonable need to express breast milk. Employees must be permitted to use existing paid break or meal time if they need additional time for breast milk expression beyond the paid 30 minutes.
Employers are also required to provide a private room or other location where employees can express breast milk. The room or location must:
- be close to an employee’s work area
- provide good natural or artificial light
- be private – shielded from view and free from intrusion
- have accessible, clean running water nearby
- have an electrical outlet (if the workplace is supplied with electricity)
- include a chair
- provide a desk, small table, desk, counter or other flat surface
No employer shall discriminate in any way against an employee who chooses to express breast milk in the workplace. Discrimination can include the encouragement or allowance of a work environment that is hostile to the right of nursing mothers to take leave for this purpose.
Posting Requirement
Employers must provide the Policy on the Rights of Employees to Express Breast Milk in the Workplace to all employees when they are hired and again every year after. Employers must also provide the policy to employees as soon as they return to work following the birth of a child. (NY Labor Law, Sec. 206-c)