Introduction and Purpose
Section 206-c of the New York State Labor Law gives all employees in New York the right to express breast milk in the workplace.
The District provides thirty minutes of paid break time for its employees to express breast milk when the employee has a reasonable need to express breast milk. In addition, employees are permitted to use existing paid break time or meal time to express breast milk if they need additional time for breast milk expression beyond the paid 30 minutes. This time must be provided for up to three years following childbirth. The District will provide paid break time as often as an employee reasonably needs to express breast milk.. However, the number of unpaid breaks an employee will need to express breast milk is unique to each employee and employers must provide reasonable break times based on the individual. The District is prohibited from discriminating in any way against an employee who chooses to express breast milk in the workplace.
The District is prohibited from requiring an employee to work before or after their normal shift to make up for any time used as paid break time to express breast milk.
The District will continue to follow existing federal and state laws, regulations, and guidance regarding mealtimes and paid break time regardless of whether the employee uses such time to express breast milk. For additional information regarding what constitutes a meal period or a break period under state and federal law, please see the following resources:
• NY Department of Labor Website on Day of Rest, Break Time, and Meal Periods: dol.ny.gov/day-rest-and-meal-periods
• NY Department of Labor FAQs on Meal and Rest Periods: dol.ny.gov/system/files/documents/2021/03/meal-and-rest-periods-frequently-asked-questions.pdf
• U.S. Department of Labor FLSA FAQ on Meal and Rest Periods: dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked
• U.S. Department of Labor FLSA Fact Sheet on Compensation for Break Time to Pump Breast Milk: dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers
While the District cannot require that an employee works while expressing breast milk, nothing in Labor Law 206-c prevents an employee from voluntarily choosing to do so. Time working while expressing breast milk must be compensated. Paid breaks provided for the expression of breast milk must be thirty minutes. An employee will be allowed to use regular break or meal time to take a longer paid break if needed. Employees may also opt to take shorter paid breaks. Employees who work remotely have the same rights to paid time off for the purpose of expressing breast milk, as all other employees who perform their work in-person.
Making a Request to Express Breast Milk at Work
If an employee wants to express breast milk at work, they must give the District reasonable advance notice, generally before returning to the workplace if the employee is on leave. This advance notice is to allow the District the time to find an appropriate location and adjust schedules if needed. Employees wishing to request a room or other location to express breast milk in the workplace should do so by submitting a written request to [insert who this should be] The District will respond to this request for a room or other location to express breast milk in writing within five days. The District will notify all employees in writing through email or printed memo when a room or other location has been designated for breast milk expression.
Lactation Room Requirements
In addition to providing the necessary time during the workday, the District will provide a private room or alternative location for the purpose of breast milk expression. The space provided for breast milk expression will not be a restroom or toilet stall.
The room or other location will:
• Be close to an employee’s work area
• Provide good natural or artificial light
• Be private – both shielded from view and free from intrusion
• Have accessible, clean running water nearby
• Have an electrical outlet (if the workplace is supplied with electricity)
• Include a chair
• Provide a desk, small table, desk, counter or other flat surface
There does not need to be a separate space for every nursing employee. The District may dedicate a single room or other location for breast milk expression. Should there be more than one employee at a time needing access to a lactation room, the District will dedicate a centralized location to be used by all employees.
Any space provided for breast milk expression will be close to the work area of the employee(s) using the space. The space will be in walking distance, and the distance to the location will not significantly extend an employee’s needed break time.
Adoption date: January 8, 2024
Revised: December 9, 2024