Effective June 19, 2024, every New York State employer is required to provide paid break time of up to 30 minutes and permit the use of existing paid break time or mealtime for time in excess of 30 minutes to allow an employee to express breast milk each time the employee has reasonable need to do so. This is effective for up to three years after childbirth. Previously, employers were only required to provide unpaid breaks to express breast milk.
As a result of this new paid break mandate, the New York State Department of Labor has updated its breast milk expression guidance and model policy. Importantly, employers are required to provide their breast milk expression policy to all employees upon hire and again on an annual basis. Employers are also required to provide the policy to employees when they return to work after the birth of a child.
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