Breastfeeding in the Workplace: New York State Law

As a logical follow-up to our post about pregnancy discrimination, this post will discuss the law in New York regarding breastfeeding in the workplace.

New York State Labor Law provides that an employer shall provide reasonable unpaid break time or permit an employee to use paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three (3) years following child birth. The employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy. No employer shall discriminate in any way against an employee who chooses to express breast milk in the workplace. This law is applicable to all public and private employers in New York State, regardless of the size or nature of their business.

Additionally, federal law under the Fair Labor Standards Act (FLSA) requires employers to provide a reasonable unpaid break time each day to an employee who needs to express breast milk for up to one (1) year after the child’s birth. If possible, the break time must run concurrently with a break time already provided to the employee. The employer must make reasonable efforts to provide a room or other location where the employee can express her milk in privacy. The private location should, if possible, be close to the work area and may not be a toilet facility. A reasonable effort to accommodate may be a defense to liability. Employers with fewer than 50 employees are not subject to FLSA break time requirements if compliance with the provision would impose an undue hardship.

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