Reminder: New York Employers Now Required to Offer Paid Lactation Breaks

As of June 19, 2024, New York employers must provide 30 minutes of paid break time to employees each time an employee has a reasonable need to express breast milk at the workplace.  As discussed in our previous client alert, this change to the New York Labor Law was part of the New York State budget passage and was signed into law in April.

Since the enactment and our previous alert, the New York State Department of Labor (NYSDOL) updated its frequently asked questions page and updated the model lactation policy to reflect the new requirements.  Employers are required to provide that policy to employees when they start on the job and annually thereafter.

The NYSDOL guidance and policy makes clear that employers must provide the 30-minute paid breaks “as often as an employee reasonably needs to express breast milk” and that “[t]he number of paid breaks an employee will need to express breast milk is unique to each employee and employers must provide reasonable break times based on the individual.”  Employees who need more than 30 minutes at a time to express break milk may use their regular paid meal or break time as well.

Takeaway

New York employers should review and revise their break time policies to incorporate paid breaks to express breast milk and continue to ensure they are compliant with requirements to provide a private room or space for employees to do so.  Employers with questions about the new break requirements or revisions to their policies should contact John Culhane at jculhane@fglawllc.com or any attorney at the firm.

DISCLAIMER: This alert is provided to clients and friends of the firm for informational purposes only and the distribution of this alert is not intended to, and does not, establish an attorney-client relationship. This alert also does not provide or offer legal advice or opinions on any specific factual situations or matters. This communication may be considered Attorney Advertising. Prior results do not guarantee a similar outcome.