As of June 19, 2024, an amendment to New York Labor Law Section 206-C will require employers to provide paid lactation breaks to their employees. The amended law requires that employers provide paid break time of thirty minutes to express breast milk to all employees who have given birth within the past three years. This new requirement applies to all public and private employers in New York State, according to the New York Department of Labor’s Employer Fact Sheet.
This amends the previous state law, which only provided for unpaid break time, and only required employers provide “reasonable” break time.
The law also does not expressly limit the number of times an employee can use this break time. The new amendment specifies that it applies “each time [the] employee has a reasonable need to express breast milk.” The New York Department of Labor’s Employer Fact Sheet confirms that there is no set minimum or maximum number of breaks that are required. Rather, the Department indicates that “employers must accommodate employees based on each individual’s needs.”
Further, the law requires that employers permit their employees to use any existing break time or meal time for lactation needs in excess of thirty minutes. Previously, employers could permit an employee to use existing paid break time for lactation as an alternative to providing an unpaid break.
Finally, this law continues to require that employers whose employees wish to express breast milk in the workplace provide accommodations with certain minimum privacy and functional standards.
This change is expected to have positive business effects, according to the U.S. Department of Health and Human Services’ Business Case for Breastfeeding. Companies that support the needs of their breastfeeding employees have seen an increase in employee retention, reduction in sick time taken by parents for their children’s illnesses, and decreased healthcare and insurance costs.
Employees looking to take advantage of this new requirement should make sure to give their employer advanced notice prior to their return from maternity leave and be aware of their rights, according to the Employee Fact Sheet.
