news article
NYS paid breastfeeding breaks
June 18, 2024 / By Susan Latessa, Director of Human Resources and Benefits / .(JavaScript must be enabled to view this email address)
On Monday, June 17, 2024, the New York State (NYS) Department of Labor (DOL) released its guidance on paid breaks for breastfeeding. Beginning on June 19, 2024 and as part of the state budget passed earlier this year, paid breastfeeding breaks become law and take effect. Click here to read the full guidance.
The guidance provides some much-needed clarification, particularly on the following points:
- An employee is entitled to as many paid 30-minute breaks as they individually require.
- An employee has this right for up to three years after the birth of the child.
- An employee must provide written notice of their need for breast milk expression, which may be email, text, or chat-type app, used by the organization for the retention of messages. An employer must respond to the request for breast milk expression, in writing, within five days.
- An employee remains entitled to all meal break and other break time to which all other employees are entitled. An employee may not be required to make up any unpaid time used for breast milk expression.
- An employer is required to accommodate the employee whenever their individual need for expression arises, which will be unique to each individual.
The new law requires that “all employees” be notified of their rights to express breast milk:
- at the time of hire;
- annually thereafter; and
- when the employee returns from maternity leave. NY has a notice for this purpose, and the guidance suggests that it must be used. Click here to read the policy on the rights of employees to express breast milk in the workplace.
The remedy for employees who believe their employer has been non-compliant with the law is to file a complaint with the NYS DOL.
All of this is in addition to the pre-existing requirements concerning the physical specifications for the location that employers must provide for breast milk expression, which went into effect in June 2023.