May 07, 2025
Summary: Effective May 11, 2025, most New York City (NYC) employers must physically and electronically post their written lactation accommodation policy, in compliance with NYC’s lactation accommodation law.
Read on for more information.
Background
A New York City Human Rights Law (NYCHRL), passed in 2018, provides lactation accommodation protections for any employee who works in NYC for an employer with four or more employees.
The NYCHRL requires that NYC employers provide employees with lactation accommodations, including providing a lactation room and reasonable time for employees to express breast milk during the workday.
Employers must also have a written lactation accommodation policy, including a statement that employees have a right to request a lactation room and identify a process by which employees may request a lactation room. Employers are required to respond to lactation room requests within five business days and follow a prescribed procedure when two or more individuals need to use the lactation room at the same time.
Policy Posting Requirement
In November 2024, New York City (NYC) amended the lactation accommodation policy provisions of the NYCHRL. The amendments, effective May 11, 2025, add new posting requirements and align the NYC law with the New York State (NYS) paid lactation break requirement.
Physical/Electronic Posting: Under the amended NYCHRL provisions, employers must make the policy available to employees by conspicuously posting the policy at the employer’s place of business in an area accessible to all employees. The policy must also be posted on the employer’s intranet, if available.
These new physical and electronic posting requirements are in addition to the requirement that employers provide the policy upon hire.
Policy Update: The amended law also requires that the policy be updated to include the New York State requirement to provide 30 minutes of paid lactation breaks time and allow employees to use existing paid break or meal time for any additional time beyond the 30 minutes to express breast milk.
Click here to access the related NYC webpage with model lactation accommodation policies and other resources (including an FAQs page here) to guide employers with respect to this compliance requirement.
New York State (NYS) Paid Lactation Breaks Requirement
Employers must provide 30 minutes of paid break time for employees to express breast milk for their nursing child each time they reasonably need to — for up to three years following the birth of the child. Click here for a Risk Strategies article with more details of the NYS paid lactation breaks requirement, which became effective in June 2024.
Notably, the NYCHRL lactation accommodations law applies to employees with four or more employees while the NYS paid lactation breaks requirement applies to all employers in NYS, regardless of employer size.
Click here for the NYS DOL webpage for additional information and resources regarding the NYS paid lactation breaks requirement.
Employer Next Steps
Covered employers in NYC are advised to comply with this NYCHRL amendment by taking the following steps:
- Post the required policy physically in a conspicuous place accessible to all employees and electronically, as applicable.
As a reminder, the effective date for this posting requirement is May 11, 2025
- Review and update existing lactation accommodation policies to include a statement regarding the NYS right to paid lactation breaks to the extent they have not already done so.
- Train Human Resources team members and other managerial/supervisory employees appropriately on posting and policy requirements, as well as handling requests for employee breaks.
REMINDER: On a related note regarding New York State leave developments:
- New York became the first state in the nation to require employers to provide paid prenatal leave for their employees working in New York, starting January 1, 2025. Click here for a Risk Strategies article with more details.
- New York State’s COVID-19 sick leave legislation, requiring employers to provide paid sick leave and other benefits for employees who are under a mandatory or precautionary order of quarantine or isolation due to COVID-19, will expire on July 31, 2025. Click here for a Risk Strategies article with more details.
Risk Strategies is here to help. Contact your Risk Strategies account team with any questions or contact us directly here.
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