NYS DOL Page - Expressing Breast Milk in the Workplace NYS Policy Document Under New York State law, employees who are nursing are guaranteed break time to express breast milk at work. For up to three (3) years following childbirth, employees have the right to take reasonable unpaid break time or to use paid break time or mealtime each day, to express breast milk at work. Effective June 7, 2023, all NYS employers are required to provide a private space for pumping breast milk that is close to the employee’s work area and includes seating, electricity, and nearby access to running water. This space cannot be a bathroom. Employers cannot discriminate against or allow other employees to discriminate against employees who decide to express breast milk at work. These laws apply to all employers in New York State regardless of size or industry.Â
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