Lactation/Breastfeeding Policy
(NY)

Summary

This Lactation/Breastfeeding Policy (NY) template provides a lactation break policy. It is intended for private employers. Employers may include this policy in an employee handbook or distribute it as a standalone policy. This Lactation/Breastfeeding Policy (NY) has been customized to comply with New York state, New York City, and federal law. As a result, the text of this template differs from the non-jurisdictional Lactation/Breastfeeding Policy. The drafting notes, alternate clauses, and optional clauses address issues under both New York state, New York City, and federal law. Employers are required to provide a policy developed by the New York State Department of Labor regarding the rights of employees to express breast milk in the workplace to employees at hire, annually, and when an employee returns to work after the birth of a child. The policy should: • Inform employees of their rights under the law • Specify how a request may be submitted to the employer for a location for employees to express breast milk –and– • Require the employer to respond to the request within a reasonable timeframe that does not exceed five business days N.Y. Lab. Laws § 206-c(3); see also New York State Department of Labor, Policy on the Rights of Employees to Express Breastmilk in the Workplace. This template is intended for private employers. Employers may include this policy in an employee handbook or distribute it as standalone policy. For a non-jurisdictional employee handbook, see Employee Handbook. For an employee handbook supplement for New York employers containing customized workplace policies based on New York state and local laws, see Employee Handbook Supplement (NY). For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For more information on lactation break requirements under the federal Fair Labor Standards Act (FLSA), see Compensable Time (FLSA) — Lactation / Nursing Accommodation / Breastfeeding Breaks. See also Rest Break and Meal Period Policies (Including Break Time for Nursing Mothers): Key Drafting Tips. For information on New York state law requirements for break time for nursing mothers (NY Lab. Law § 206-c), see Wage and Hour (NY) — Lactation/Nursing Accommodation and New York State Department of Labor, Division of Labor Standards: Guidelines Regarding the Rights of Nursing Mothers to Express Breast Milk in the Workplace. For information on New York City lactation accommodation requirements (NYC Administrative Code § 8-107 subd. 22), see Wage and Hour (NY) — Lactation/Nursing Accommodation and Lactation Requirements: What New York City Employers Need to Know.