New York has enacted legislation (Senate Bill S4844B), which expands protections under the Nursing Mothers in the Workplace Act. Senate Bill S4844B takes effect on June 7, 2023.
The details
New York employers must comply with the expanded lactation requirements by June 7, 2023.
Current requirements
Under current law, New York employers must provide the following to employees:
- A room or alternative location for employees to express milk in private;
- Reasonable unpaid break time (or allow employees to use paid rest periods or meal breaks) to express milk up to three years following the birth of a child; and
- At least 20 minutes at a time to pump breast milk and additional time if needed.
Note: Employees may take breaks to pump breast milk at least once every three hours and right before or after scheduled paid rest periods or meal breaks.
New requirements (effective June 7, 2023)
Under Senate Bill S4844B, employees may take breaks each time they have a reasonable need to express breast milk for up to three years following childbirth. The law also adds the following protections:
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Location
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Multi-purpose room
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Designated room fixtures
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Employers must provide employees a location to express milk that is:
- Well-lit;
- Shielded from view;
- Close to the work area;
- Free from the intrusion of others; and
- Not a restroom or toilet stall.
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A room that has other uses may be designated as a lactation room if an employer:
- Prioritizes lactation;
- Makes the location available whenever an employee needs it to express milk; and
- Ensures the space cannot be used for another purpose when an employee needs to express milk.
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Designated rooms must have the following:
- A chair;
- A working surface;
- An electrical outlet (if the space has electricity); and
- Nearby access to clean running water.
Note:If a workplace has access to refrigeration, an employee must have access to store their expressed milk.
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Exceptions
If the room and location requirements impose an undue burden (a significant difficulty or expense in relation to the business’s size, financial resources, nature or structure) on an employer, the employer must make reasonable efforts to provide a room or location (other than a restroom or toilet stall), that is close to the work area for an employee to express milk in private.
Notice requirements
Under the law, employers must provide notice to all employees (as soon as practical) when a lactation room or location has been designated.
Lactation policy
The law also requires New York employers to adopt a policy that:
- Informs employees of their rights under the law.
- Specifies how an employee should submit a request to the employer for a room or other location for use by employees to express breast milk; and
- Requires the employer to respond within five business days to an employee’s request for a room or location to express milk.
Employers must distribute the policy to all employees at the time of hire, to employees returning to work following childbirth, and to all employees on an annual basis.
Note: The New York State Department of Labor will develop a model written policy.
Nonretaliation
Senate Bill S4844B expressly prohibits employers from retaliating against an employee that exercises their rights under the law.
Next steps
- Review the model written policy (once released by the state) and adopt it (or update any existing policies) to help ensure compliance with the new requirements.
- Employers in New York City should coordinate their compliance with their existing obligations to provide lactation accommodations.
Please contact your dedicated ADP Service Representative with any questions.