New York Paid Lactation Breaks (6/19/24)

On the heels of New York State’s Nursing Mothers in the Workplace Act (New York Labor Law § 206-c) and the PUMP for Nursing Mothers Act, the enacted budget provides 30 minutes of paid break time for expressing breast milk for the employee’s nursing child. Importantly, the update to Section 206-c of the New York Labor Law states that the employee is entitled to 30 minutes of paid break time in addition to the employee’s current ability to use existing paid break or mealtime for time in excess of 30 minutes. It is unclear whether the new paid break time will apply more than once daily. The amendment does not change the requirement to provide such reasonable time to express breast milk for up to three years following childbirth.
New York State Budget Includes Enhanced Employer Obligations
Jackson Lewis | Apr 2024

Effective date:  6/19/24
Text of the measure.

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The NYSDOL also published two fact sheets regarding the amendment for employees and employers. Per the employee fact sheet, “[u]nder New York State Law, all employees are entitled to 30 minutes of paid break time each time they reasonably need to express breast milk.” There is a separate fact sheet for employers.

The NYSDOL’s FAQs further clarify that employers must accommodate employees whenever they reasonably need to take a break and that “[t]he number of break times needed throughout the day will be unique to each individual employee.” This is a change to the previous guidance, which stated that one break every three hours was reasonable.
New York Now Requires Paid Lactation Breaks
Littler | Jun 2024
 

As of June 19, 2024, covered employers will be required to provide paid thirty-minute breaks for employees who need to express breast milk for a nursing child.
Paid Lactation Breaks
Ogletree | Apr 2024

The final law amends Labor Law § 206-c and requires all private and public sector employers to provide 30 minutes of paid break time and allow employees to use other paid break or meal time for time in excess of 30 minutes “each time such employee has reasonable need to express breast milk.” Given the “each time” language, it is conceivable an employee would be entitled to multiple paid breaks during a work day for this purpose. The paid breast milk expression mandate begins on June 19, 2024.
New York Enacts Paid Prenatal Leave and Paid Breast Milk Expression Time
Bond | Apr 2024

While there is no guidance surrounding the “each time” language, it will likely be interpreted to allow employees multiple paid breaks during a workday.
New York Mandates Paid Lactation Time and Paid Prenatal Leave
Vorys | Apr 2024