New York to Provide Nursing Mothers with Paid Lactation Breaks

On June 19, 2024, an amendment to New York Labor Law § 206-c (A08806C) will take effect, entitling nursing mothers to “30 minutes of paid break time each time they reasonably need to express breast milk.”  Specifically, the amendment to § 206-c states: 

          An employer shall provide paid break time for thirty minutes, and permit an employee to use existing paid break time or meal time for time in excess of thirty               minutes, to allow an employee to express breast milk for such employee’s nursing child each time such employee has reasonable need to express breast milk for            up to three years following child birth. No employer shall discriminate in any way against an employee who chooses to express breast milk in the work place.

Previously, § 206-c only required employers to provide reasonable unpaid break time or allow employees to use their regular break time or mealtime to express breast milk.  Now, pregnant employees must be paid for 30-minute lactation breaks, with the number of breaks “unique to each individual employee.”  Further, while employers cannot require employees to stay late because they took lactation breaks, employees must inform their employers of their plans to take lactation breaks in writing and preferably when they return from parental leave.  Employees can access the NYSDOL’s fact sheet regarding the new law, here. 

This amendment to § 206-c joins a flurry of recent legislation affording nursing mothers more rights and benefits at the workplace.  For example, in June 2023, another amendment to § 206-c took effect, requiring employers to designate a private area, other than a restroom, for nursing mothers to take lactation breaks.  Any designated private area must to be well lit, shielded from view, and have access to clean running water, among other things.  

Additionally, in April 2024, Kathy Hochul amended New York Labor Law §196-b, which now requires employers to provide up to 20 hours of paid leave in a 52-week period for pregnant employees to attend medical appointments or procedures that relate to their pregnancy.  This bank of paid leave must be given in addition to the paid family leave employees are already entitled to under New York law and must be made available to pregnant employees in its entirety upon their hiring.  This new law, which allows the 20 hours to be taken in hourly increments and does not need to be paid out upon termination or resignation if unused, will take effect on January 1, 2025. 
Individuals who believe their employer has discriminated or retaliated against them because of their pregnancy or for taking paid or unpaid family leave under State or applicable federal law should seek legal counsel to analyze their potential claims.