New York City’s New Lactation Room Law

Federal law requires most employers to provide reasonable break time to employees who need to express breast milk during the workday and to provide a place free from intrusion (not a bathroom) where an employee can express milk, unless doing so presents an undue hardship. Many states and localities have adopted similar lactation laws, in some cases providing rights beyond those afforded under federal law. New York City law currently requires that employers with four or more employees provide reasonable break time to employees who need to express breast milk during the work day and to make reasonable efforts to provide a private room to do so.

Effective March 18, 2019, New York City employers will have to ensure that the room provided for expressing milk is in reasonable proximity to the employee’s work area, has a refrigerator for storing break milk, an electrical outlet, a chair, and a surface on which to place a breast pump and other personal items. The lactation room must also have nearby access to running water. And if the lactation room is not solely used for expressing milk, then when the room is being used by an employee to express milk the employer must provide notice to other employees that the room is given preference for use as a lactation room.

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