Workplace Issues
Federal Laws
The Federal Labor Standards Act has been amended to require employers to provide reasonable breaktime and a place for nursing mothers to express milk.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. The law includes the PUMP for Nursing Mothers Act ("PUMP Act"), which extends to more nursing employees the rights to receive break time to pump and a private place to pump at work.
The break time requirement is found in section 4207 of the Patient Protection and affordable Care Act, Public Law 111-148. The provision requires employers to provide "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk." Employers are also required to provide 'a place other than a bathroom that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breat milk.' The break time requirement became effective when the Affordable Care Act was signed into law in 2010. The Department of Labor has issued FAQs and Wage and Labor Fact Sheet #73 to help employers comply with the new law.
Resources for Workers, Employers, Advocates
Questions about breastfeeding at home, at work, and in public? Get answers here.
New York State Laws
In 2007, New York State passed a legislation that protects nursing mothers who return to the workplace. The law requires employers to provide uncompensated breaks for women to express milk or nurse their children for up to a period of three years. This law also bars an employer from discriminating against an employee exercising this right. In addition, the new law also requires employers to make 'reasonable efforts' to provide a room or other location where the employee can express breast milk privately. Labor Law, Article 7, Section 206-c, as enacted by A.B 1060, L. 2007.
For more information, visit Rights of Nursing Mothers to Express Breast Milk in the Workplace.
This New York State WIC resource is intended to assist breastfeeding mothers returning to work. The toolkit for moms covers important information, including breastfeeding rights at work, tips, and action steps for the various phases of pregnancy and breastfeeding to help make going back to work easier, and more. Also available are toolkits for the mom's employer and family, as well as a toolkit that outlines workplace accommodations the law requires and one that contains other materials, including a sample worksite lactation policy and sample letters for WIC Directors and Health Officers/Commissioners to send to state or city employers, for WIC staff to send to employers, and for physicians to send to employers.
New York City Laws
Local Law 185 and Local Law 186 (both passed in 2018) require that employers provide employees with lactation accommodations, including a lactation room where employees can pump/express breast milk, and reasonable time to pump/express breast milk. Employers are also required to have a written lactation policy that meets certain requirements under the law and must provide it to all new employees. The NYC Commission on Human Rights has developed several model lactation accommodation policies and a request form.
The NYC Breastfeeding Toolkit for Businesses.
If Your Rights are Violated:
The New York Civil Liberties Union can be contacted if you feel your rights are violated. Contact them at: 212-607-3339.
To file a complaint with the NYS Department of Labor regarding the Breastfeeding Workplace Accommodation law or for more information, visit: http://www.labor.ny.gov/formsdocs/wp/LS702.pdf
Other Resources
https://wicbreastfeeding.fns.usda.gov/
Worklife Law Free Hotline: 1-415-703-8276 or https://worklifelaw.org/get-help/
USDA WIC Works Resource System Postpartum Depression Facts
Resources for Pregnant and Parenting College Students
https://www.campusexplorer.com/student-resources/pregnant-parenting-college-guide/
http://programs.online.utica.edu/articles/nurses-perspectives-on-breastfeeding-best-practices-ns
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