NYS DOL Issues Model Policy for Expressing Breast Milk in the Workplace

As we previously reported,1 effective June 7, 2023, amendments to § 206-c of the New York Labor Law imposed new obligations on all New York State employers concerning the right of employees to express breast milk in the workplace for their nursing child.

The amendments to § 206-c include, among other things: (i) a directive that the New York State Department of Labor (DOL) develop and implement a written policy regarding the rights of nursing employees to express breast milk in the workplace; and (ii) the requirement that all employers provide the policy to each employee upon hire, as well as annually, and to employees upon returning to work following the birth of a child.

As directed by the law, the DOL recently issued a model policy titled “Policy on the Rights of Employees to Express Breast Milk in the Workplace.” As a result of this issuance, employers are now required by law to provide a compliant policy to their employees. The DOL has issued the model policy in English (and other languages) which can be used to satisfy the law’s requirements and can be obtained from the DOL’s website.

Additional Assistance
Our attorneys remain ready to provide advice and guidance on complying with these new laws or any other workplace issues. For further assistance, please contact any of the attorneys on our Labor and Employment Practice Team or the Phillips Lytle attorney with whom you have a relationship.
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1.    “Federal and New York State Laws Expand Rights of Pregnant and Nursing Employees in the Workplace,” Phillips Lytle Labor and Employment Client, January 2023.