New York State Expands Lactation Accommodation Requirements

On December 9, 2022, New York State amended the Nursing Mothers in the Workplace Act to provide additional specifications for lactation rooms and to impose new written policy requirements on all employers. The new requirements will take effect on June 7, 2023. Little will change for New York City employers, as the state's amendments largely mirror New York City's 2018 lactation accommodation requirements.¹

Existing Lactation Accommodation Requirements

Since 2007, New York State has required that employers either provide reasonable unpaid break time or allow employees to use paid rest periods or meal breaks to express milk up to three years following the birth of a child.² Employers must also provide a room or alternative location for employees to express milk in private.