New York City’s new lactation accommodation law: what employers need to know

Quyen Clifton

Starting May 11, 2025, New York City employers will be mandated to adopt new practices regarding lactation room accommodations under recent amendments to the city’s lactation accommodation law. These changes aim to enhance support for nursing employees and align local regulations with state requirements.

Key Highlights of the Amendment

  1. Policy Posting Requirements: Employers must now physically and electronically post their written lactation room accommodation policies. This ensures that employees have easy access to this important information. The written policy should be displayed conspicuously in the workplace and made available on the company intranet, if applicable.
  2. Immediate Distribution Upon Hire: The law now requires that the policy be distributed “at the commencement of employment.” 
  3. Paid Break Provisions: The amendments incorporate New York State’s lactation break law, which mandates that employers provide paid breaks for employees needing to express or pump breast milk. Specifically, covered employers must offer 30 minutes of paid break time and allow employees to use existing paid break or meal times for any additional time needed.
  4. Revised Policy Development: The new law updates the language of the existing regulations under the New York City Human Rights Law, requiring employers to create and implement a comprehensive written policy on lactation room use.

Next Steps for Employers

In light of these amendments, New York City employers should take the following steps:

  • Review Policies: Conduct a thorough review of existing break policies to ensure compliance with the new requirements.
  • Update Written Policies: It's critical to revise lactation room policies to include the new provisions regarding paid break time and ensure both physical and electronic postings are in place.
  • Utilize Available Resources: The New York City Commission on Human Rights offers a model lactation accommodation policy on its website to assist employers in crafting compliant policies. 

Conclusion

Taking proactive measures will help employers navigate these changes effectively while fostering a supportive work environment for nursing employees. By complying with these new requirements, employers not only adhere to the law but also demonstrate their commitment to employee well-being and family-friendly workplace practices.

*This alert is provided for general informational purposes only and does not constitute legal advice.
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