New York State and New York City are taking significant steps to enhance workplace protections for nursing parents, with important changes coming in both jurisdictions during 2024 and 2025.
New York State Expands Workplace Protections – Effective June 2024
On June 19, 2024, New York State expanded its workplace protections through amendments to Section 206-c of the New York Labor Law. Key provisions include:
- Mandatory 30-minute paid break time for milk expression
- Breaks separate from regular meal periods and other paid breaks
- No requirement to make up time used for milk expression
- Protection extends three years following the child’s birth
- Prohibition on requiring work tasks during expression time
New York State requires that employers provide adequate space for milk expression – a restroom or toilet stall won’t cut it. The space provided must be located near the work area with a functional door lock or appropriate signage to ensure privacy. The space must have basic amenities, including chair, flat surface, and electrical outlet, and the employee must be given access to clean water and refrigeration (where available).
New York City Enhanced Requirements – Effective May 2025
Starting on May 11, 2025, the New York City Human Right Law will require New York City employers to provide paid break time for milk expression in line with New York State’s requirements. New York City will also require its employers to physically post a written lactation policy in employee-accessible areas, distribute the policy electronically, and provide it to newly hired employees. The written policies must explain, among other things, the process for requesting access to the lactation room and a procedure for addressing when multiple employees want to use the room.
Retaliation and Interference with Your Protected Rights
The federal Fair Labor Standards Act, New York State’s New York Labor Law, and the New York City Human Rights Law all protect employees from retaliation based on attempting to exercise their right to privately express milk during their workday. Employees have the right to take milk-expression breaks without being subjected to discrimination or harassment.
