Effective June 19, 2024, the New York State Labor Law (“NYSLL”) is amended to require employers to provide 30 minutes of paid break time for breast milk expression.

As we previously reported, the amendment was signed into law as part of New York State’s Budget for fiscal year 2025 and provides nursing employees with paid break time for 30 minutes each time such employee has reasonable need to express breast milk for up to three years following childbirth. Employers must allow employees to use existing paid break time or meal time for lactation time needed in excess of 30 minutes.

According to the NYS Department of Labor’s updated guidance, employees are entitled to as many 30 minute paid breaks as they need, though employees can take shorter breaks if they choose.  Employees also may use their regular paid meal and/or break time (but are not required to do so) or can choose to take lactation breaks right before or right after their regularly scheduled meal or break times.  The guidance makes clear that employers cannot require an employee to complete work tasks while expressing breast milk, however, employees may voluntarily decide to do so.

As a reminder, New York employers must maintain a written policy regarding the rights of nursing employees and provide notice to employees upon hire, annually thereafter, and upon return to work following the birth of a child.  The Department of Labor’s updated model policy is available on its website, here.

Covered employers are encouraged to review their lactation policies and workplace practices to ensure compliance with the new law.

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Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.