Employers in New York City will likely soon face more stringent laws related to nursing mothers expressing milk in the workplace. On Oct. 17, 2018, the New York City Council passed a package of bills, dubbed the Mother’s Day bills, aimed at helping mothers and children. The City Council noted working mothers typically find breastfeeding to be a significant barrier in returning to work after childbirth. Accordingly, two of the bills, Int. 879-A and Int. 905-A, amend the New York City Human Rights law to require employers to (1) accommodate nursing mothers by providing a lactation room, and (2) implement a written lactation room policy. The newly passed legislation awaits Mayor de Blasio’s signature; he is expected to sign the suite of bills. If enacted, the new workplace lactation laws will take effect 120 days after signing.
Current New York State Law
New York state has safeguarded nursing mothers’ rights with respect to lactation in the workplace for over a decade. In 2007, New York state enacted a law that grants nursing mothers the right to express breast milk at work, which applies to all public and private employers in the state, regardless of the size or nature of the business. New York Labor Law (NYLL) §206-c requires employers to provide reasonable unpaid break time or permit the use of paid break time to allow an employee to express breast milk, for up to three years following child birth. Additionally, NYLL §206-c requires employers to make “reasonable efforts” to provide a room or other location where an employee can express breast milk in privacy. This room should be in close proximity to the employee’s work area.
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