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Updated Breastfeeding Requirements For Employers In New York

On December 9th, 2022, Governor Kathy Hochul signed a new law, Bill S. 4844-B, for private sector employers throughout New York. These employers must meet the new time, space, and notice requirements for accommodating employees who breastfeed in the workplace. This must be in effect by June 7th, 2023.

Current Law

The current New York law, Section 206-c, requires private sector employers to provide reasonable unpaid or paid breaks each day to allow employees who need to nurse for a period of up to three years following the birth of a child. In addition, the current law requires employers to make reasonable efforts to provide these employees with a physical location where they can nurse privately.

Understanding The New Law

Bill S. 4844-B amends the Labor Law to expand and clarify the requirements. It now specifies that employers must provide all employees who are nursing with a reasonable break “each time such employee has a reasonable need” to breastfeed. In addition, the bill states that this private location cannot be a restroom, must be close to the employee’s work area in which it’s shielded from other employees, and free from intrusion from the public. The private area must also include the following:
  • Contain sufficient lighting
  • Have a chair
  • Have an open surface
  • Be close to clean, running water
  • Contain at least one electrical outlet
Should your business have refrigerators, you must allow employees to use them for storing breast milk. For any company that cannot provide a temporary location for these employees that meets the above requirements, the bill exempts most of the requirements. However, should this be the case, you are still required to make reasonable efforts to provide a private area that’s not a restroom and is near the worker. Finally, the law states that the New York State Department of Labor (NYSDOL) will develop a model policy setting forth the right of nursing employees. Employers must provide the policy to every employee upon hiring and annually thereafter. In addition, when an employee returns to work following the birth of a child, they must be given a copy of NYSDOL’s written policy.

How GMS Can Help

Partnering with GMS allows you to remain compliant with the ever-changing rules and regulations. If you don’t already have a designated area for your nursing mothers, we work with you to ensure you follow the guidelines needed to comply with this new law. We take on the administrative burdens you don’t have the time or expertise to handle. Contact us today to learn more.