Gov. Hochul Signs Bill to Expand Required Accommodations for Nursing Employees

“Every nursing mother deserves access to a safe, hygienic, and convenient space to pump in the workplace,” said Governor Kathy Hochul when she signed legislation to expand accommodations for breastfeeding in the workplace.

Currently, New York State already guarantees employees the right to take breaks to pump breastmilk in the workplace for up to three years following the birth of their child; employers cannot retaliate against workers for utilizing breastfeeding accommodations; and labor laws require employers to make reasonable efforts to provide employees with a physical location where they can pump breastmilk in privacy.  Legislation S4844B signed into law on December 9, 2022, and set to go into effect on June 7, 2023, expands and further clarifies these existing laws to ensure that nursing employees have respectable and private locations to pump in the workplace.

As of June 7, 2023, all New York employers will be required to make a reasonable effort to provide employees with convenient access to a private pumping location that is not a restroom or toilet stall, that is: (1) close to the work area; (2) is well-lit; (3) shielded from view; and, (4) free from the intrusion of others in the workplace or the general public.  Suppose an entirely separate room dedicated solely to breast pumping is not possible.  In that case, the location must be made available to nursing employees when needed and cannot be used for any other purpose while the employee is utilizing it.

Additionally, at a minimum, the location must contain (1) a chair; (2) a working surface; (3) nearby access to clean running water; and (4), if the workplace has electricity available, an electrical outlet.  Further, if the workplace has access to refrigeration, the employer must extend access to it to allow the employee to store their pumped milk.

The bill not only gives employers precise requirements regarding accommodations for nursing employees but also sets clear expectations regarding notifying employees of the new policy.  Employers must develop, implement, and provide employees, both upon hiring and annually after that, with a written policy concerning the rights of nursing employees to pump in the workplace.  The written policy must:

1. Inform employees of their rights;
2. Specify and explain to employees the proper way to request a room or other location for breast pumping; and
3. Require employers to respond to employees’ requests within a reasonable timeframe which cannot exceed five business days.

While the expansion of rights nursing employees are entitled to have yet to be in effect in New York State as a whole, if you are a nursing employee and feel that your employer has not been respecting your right to pump at work, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.