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New York Amends Lactation Law to Require Paid Breaks

08 May

Update Applicable to:Effective date
All employers with at least 1 worker in New York StateJune 19, 2024

What happened?

On April 20, 2024, New York Labor Law § 206-c was amended on the New York State 2025 Budget, to now include paid break time to express breast milk.        

What are the details?

Starting June 19, 2024 (“…This act shall take effect on the sixtieth day after it shall have become a law.”), New York Labor Law § 206-c will be amended. The changes reflect the following:

  • Employers must provide paid break time (no more reasonable unpaid break time)
  • The break period is for 30 minutes
  • The break period is additional to existing paid break time or mealtime “…for time in excess of thirty minutes…”
  • Employees may take such paid break time for up to three years following childbirth.

According to Jackson Lewis law firm: “Although there is no word yet on whether this amendment will affect the contents of the required notices under the state’s Nursing Mothers in the Workplace Act, employers should be mindful of this requirement when implementing any policies and practices after the law’s effective date.”

Business Considerations

  • Employers should review and update their lactation policies and wage & hour practices to comply with the amended law.
  • Employers will need to also comply with existing law that requires employers to provide a private location for employees to express milk (see N.Y. Lab. Law § 206-c (2)(a)(b), (d))

Source References


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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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