New York City employers will soon have new obligations under the City’s recently amended lactation room accommodation policy requirements. Since 2019, the law has required employers to implement and distribute to all employees upon hire a written lactation accommodation policy, which must include a statement that employees have a right to request a lactation room and the procedure by which a lactation room can be requested. Employers must respond to requests within five business days.
Effective May 11, 2025, the amended law makes the following changes:
- Posting Requirements: Employers must make the policy “readily available” by physically posting the policy in an area accessible to employees in the workplace and electronically posting the policy on the employer’s intranet if one exists. The amendment is silent as to posting obligations for employers who are fully remote and do not maintain an intranet.
- Policy Revisions: In light of New York State’s recently enacted paid lactation break law (see HERE), employers must include a statement that the employer will provide “30 minutes of paid break time, and shall further permit an employee to use existing paid break time or meal time for time in excess of 30 minutes” to express breast milk.
- Distribution: Although current law requires employers to distribute the policy to all employees “upon hire,” the amended law is slightly revised to require employers to distribute the policy to employees “at the commencement of employment.” This amendment appears only to modify the language without significant impact on distribution requirements – the amended law clarifies that employers are not required to provide the policy to employees before their first day of work.
Employer Takeaways:
Prior to May 11, 2025, New York City employers should:
- Prepare to comply with updated physical and electronic posting requirements;
- Revise lactation room accommodation policies to add the new language required by New York State’s paid lactation break law; and
- Review existing break time policies to ensure compliance with both City and State paid lactation break requirements.
If you have any questions related to or need assistance complying with New York City’s amended lactation accommodation policy requirements, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100.