New lactation break law now in effect

ALBANY, N.Y. (NEXSTAR) — In New York, a new law makes employers give paid breaks to breastfeeding workers for up to three years after giving birth. The law, enshrining 30 minutes of paid break time, took effect on June 19.

The provision from New York's 2025 budget aims to protect those expressing breastmilk from workplace discrimination while promoting maternal health and better outcomes for nursing kids. Until now, employers only had to provide reasonable unpaid break time.

In practice, Labor Law Section 206-c articulates a right to paid break time at the workplace for expressing breast milk, no matter the industry or size of the employer. It also lets employees use other existing paid break or meal time in case they go over their half hour.

Employers must accommodate whenever their employee needs a break to lactate, with the number of breaks unique to each individual. Employees don't have to take the full 30 minutes.

To take advantage, nursing mothers must notify their direct supervisors in writing in advance. That written notice should detail how many breaks are needed during the work day, and preferred times.

Employers have to tell their workers about their breastfeeding rights when they start working and remind them every year. They can't take time away from other mandated breaks, and the employee does not need to "make up" their break time.

Employers are also supposed to provide a private, lockable space to pump breast milk. If not a dedicated lactation room, it must be at least temporarily vacant—and it can't be a bathroom. When it's in use, there needs to be a sign saying so. The space needs a chair and flat surface, a clean water supply, and good natural or artificial light—plus curtains to cover any windows. The very last resort would be an enclosed cubicle with 7-foot-tall walls.

At a workplace with electricity, they must provide an electrical outlet. At a workplace with a refrigerator, they have to let employees store their pumped milk there.

The Department of Labor posted translations of the rules of the new law in 16 languages besides English.

The federal Fair Labor Standards Act covers all 50 states and also protects lactation.