New York State recently passed an amendment to New York Labor Law § 206-c that will significantly enhance support for nursing mothers in the workplace. Following New York State’s Nursing Mothers in the Workplace Act and the Federal PUMP for Nursing Mothers Act, this legislative change mandates that employers provide 30 minutes of paid break time to express breast milk. This provision comes into effect on June 19, 2024.
Key Provisions
- Duration and Compensation: The new statute requires employers to grant a paid 30-minute break for breast milk expression. This break is in addition to any existing paid breaks or mealtime, which employees can also use for lactation beyond the initial 30 minutes if needed.
- Frequency of Breaks: The law’s wording suggests that employees could be entitled to multiple paid lactation breaks per day, as it states these breaks should be allowed “each time such employee has a reasonable need to express breast milk.” However, it’s important to note that there is currently no specific guidance on the interpretation of “each time,” which leaves some room for interpretation and potential ambiguity about the exact number of possible paid breaks within a workday.
- Applicability: The amendment applies to all private and public sector employers in New York State, ensuring broad coverage across diverse workplaces.
- Current Law Unchanged: The existing requirement that employers allow reasonable time for employees to express breast milk up to three years following childbirth remains unchanged. The new amendment focuses solely on the compensation aspect of these breaks.
Impact on Nursing Mothers
This amendment is a game-changer for nursing mothers in the workplace. By providing paid breaks, the law recognizes and supports the unique role of women as both employees and mothers. This legislative change not only eases the financial burden on nursing mothers, who previously might have had to use unpaid breaks or personal time for lactation but also fosters a healthier work-life balance. It bolsters the health and well-being of both mother and child by alleviating stress around scheduling and financial concerns associated with maintaining lactation while working. Moreover, it has the potential to extend the duration mothers choose to breastfeed, as it seamlessly integrates lactation into their work routine.
The amendment to New York’s Labor Law § 206-c is a significant stride in supporting nursing mothers by compensating them during lactation breaks. This change not only aligns with modern employment practices but also underscores the state’s commitment to workplace equality and the health and well-being of both employees and their nursing children.
For those who have been the target of discrimination or harassment at work, working with a qualified and knowledgeable attorney is often the best action for effectively addressing these issues. At Risman & Risman, we offer legal assistance for those facing discrimination or harassment in the workplace. Our team can provide you with specialized legal services for your issues. Call us today at 212-233-6400 to schedule a free initial consultation with our team.