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ARTICLE · 02 JULY 2024

New York State Now Requires Paid Lactation Breaks

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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New York employers are now required to provide up to 30 minutes of paid break time each time an employee has a reasonable need to express breast milk.

United StatesEmployment and HR

New York employers are now required to provide up to 30 minutes of paid break time each time an employee has a reasonable need to express breast milk. While New York employers have been required to provide breaks to nursing mothers since the passage of the Nursing Mothers in the Workplace Act in 2007, this amendment to the New York Labor Law significantly expands this requirement.

Now found at New York Labor Law Section 206-c(1), the new law specifically provides the following:

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.

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