Workforce Bulletin

Effective May 8, 2025, New York City employers with four or more employees must physically post a copy of their written lactation policy in an area accessible to employees as well as on its intranet if one exists.

This new posting obligation is an addition to the City’s requirement that covered employers maintain a written lactation room accommodation policy that must be provided to new employees upon hire and New York State’s requirement to provide the policy annually. The City enacted legislation on November 9, 2024, effective 180 days later, amending existing provisions to require covered employers to make their written policies readily available to employees.

In addition, the legislation amended the ordinance to reflect 2024 changes in New York State law (explained in detail here) requiring employers to provide at least 30 minutes of paid break time for breast milk expression. While the New York City ordinance covers only New York City employers with four or more employees, be aware that obligations for paid lactation breaks under New York State Labor Law § 206-c apply to all employers in New York State.

New York State has long required employers to support working mothers by providing certain accommodations for nursing employees. Last year, the State imposed a written lactation accommodation policy requirement on all employers, following the lead of New York City and California (among other jurisdictions) [see our Insight on the lactation accommodation legislation here]. As of June 19, 2024, employers’ obligations have again expanded: all New York State employers must provide 30 minutes of paid break time for employees to express breast milk for their nursing child for up to three years following the child’s birth.

The obligations are prescribed by an amendment to the State’s breastmilk expression law, New York Labor Law § 206-C (the “Law”), which was enacted as part of a package of legislation accompanying the New York State Budget for Fiscal Year 2024-2025, signed into law on April 20, 2024 by New York Governor Kathy Hochul. Shortly before the Law took effect, the New York State Department of Labor (NYSDOL) published new materials under the headline “Breast Milk Expression in the Workplace,” including general information about the Law, a policy statement, information sheets for employees and employers, and frequently asked questions (FAQs).

As the year 2022 was ending and 2023 got underway, New York Governor Hochul kept busy reviewing bills that were passed throughout the year but delivered to her for signature only after the November elections. Both houses of the New York State Legislature approved a total of 1,007 bills during the regular 2022 Legislative Session, a “modern-day record,” according to this December 20, 2022 interim report from the New York State Association of Counties. The Governor approved much of this legislation, but rejected a few measure.