New York State Set To Expand Lactation Break Law

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Effective June 19, 2024, New York State’s lactation break law will expand to require that employers offer thirty minutes of paid break time for an employee to express breastmilk for a nursing child, whenever the employee has a reasonable need to do so, within three years following childbirth. If the employee needs more than thirty minutes, she can avail herself of already-existing paid break time or meal time. Currently, in addition to already-existing paid break time or meal time, employees are only entitled to “reasonable unpaid break time” for this purpose.

Employers should confirm that employee handbooks and Human Resources procedures comply with the upcoming requirement, with special attention to how this requirement should be integrated into New York City’s lactation accommodation law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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