The New York City Council has enacted Int. No. 892-A, amending the administrative code to strengthen workplace lactation accommodation policies. This law requires employers to implement written lactation room policies and ensure these policies are readily accessible to employees. The amendment builds upon the city’s existing lactation accommodation requirements, reinforcing employees’ rights to express breast milk in the workplace. The amendments take effect on May 11, 2025.
Key Changes and Employer Responsibilities
Develop and Distribute a Written Policy
- Employers must provide a lactation accommodation policy at the start of employment.
- The policy must also be posted in a visible location and electronically on the company intranet if one exists.
- It should clearly outline employees’ rights and the process for requesting a lactation room.
Alignment with State Law on Paid Break Time for Lactation
- Consistent with state law, employers must provide 30 minutes of paid break time for lactation.
- Employees may use additional paid breaks or mealtimes if needed.
Model Policy and Request Form
The NYC Commission on Human Rights, in collaboration with the Department of Health and Mental Hygiene, will provide a model lactation accommodation policy and a model request form. These resources will be available on the Commission’s website to assist employers.
Additional Information
The state and city laws are nearly identical; however, the state law applies to all employers regardless of size, whereas the city law applies only to employers with four or more employees.
As a reminder, the law also requires that employers have a clearly defined method to submit a request such as a request form. Employers must respond within five business days.
Next Steps for Employers
To ensure compliance employers should:
- Review and update policies to ensure compliance with the changes in the law.
- Make policies easily accessible by posting them visibly and on the company intranet.
- Train HR personnel and managers on handling lactation requests fairly and promptly.
- Monitor compliance and stay informed about updates from the NYC Commission on Human Rights.
For additional guidance, businesses should consult the NYC Commission on Human Rights or a labor law expert to ensure their policies align with the latest regulations.
HR Works will monitor this topic and provide updates as more information becomes available.
