New York passed a new law on June 19, requiring paid breaks for breastfeeding employees.
Labor law requires public and private New York employers–regardless of the size of their business–to provide 30-minute breaks to employees needing to breastfeed and to find an adequate “lactation room” for their employees.
“As New York’s first mom Governor, I am fighting every day to give working parents the protections they need to keep their families strong and healthy,” Gov. Kathy Hochul (D) said in a news release, according to The Hill.
Employees can have more than one breastfeeding break, but they must provide a valid reason to their employer, the New York State Department of Labor reported. The number of breaks employees receive is unique to them and is evaluated by their employer. Employees must be able to receive these breastfeeding breaks for up to three years after childbirth.
New York DOL reported that breastfeeding breaks are separate from regular or meal breaks, and employees must receive both types of breaks. Employees, though, can choose to shorten their breastfeeding break.
Employers are also required to find or create a lactation room for their employees who need to breastfeed, meeting all the requirements for the room. The main thing employers must avoid when offering a lactation room is that it can not be a restroom or a toilet stall.
Employees wishing to receive breastfeeding breaks must notify their employers, preferably before they return to work from leave. That way, their employer will have time to find a lactation room and change schedules if needed.
Additionally, the New York DOL stated that employees must submit a request to use a lactation room or another space as a lactation room to the person who has been designated to process requests. Employers have up to five days to respond to the request.
New York DOL claimed they created a policy on breastfeeding in the workplace “as required by the law” to ensure all employees “know their rights” and employers “understand their responsibilities. “
New York DOL stated that employers must give their employees this policy when they are hired and every year following, as well as when an employee returns from childbirth.
“From our nation-leading prenatal leave program to this legislation requiring employers to give breastfeeding mothers much-needed break time, our state is continuing to stand up for parents in the workplace and protect maternal and child health,” Hochul said.
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