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NYS Expands Workplace Breastfeeding Accommodations

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December 13, 2022

On December 9, Governor Kathy Hochul signed legislation to expand accommodations for breastfeeding in the workplace. Legislation (S.4844-B/A.1236-A) requires all employers in New York to ensure that pumping spaces are convenient and private, as well as include seating, access to running water and electricity, and a working space. It will also require employers to develop and implement a written policy regarding employee rights when breastfeeding in the workplace. The new legislation will ensure that all employees across the state will receive the same basic accommodations that public employees currently receive.

 

Legislation (S.4844-B/A.1236-A) requires all employers in New York to provide convenient, private pumping spaces in the workplace that include seating, access to running water and electricity, and a working space. Current rules require employers to give reasonable break times and make reasonable efforts to provide a space for employees to pump breast milk. This legislation will ensure that all workplaces across the state have safe, clean pumping spaces by requiring employers to expand accommodations for breastfeeding.

 

The new law will also require employers to adopt a policy developed by the New York State Department of Labor regarding employee rights when breastfeeding in the workplace. Employers must provide the written policy to each employee upon hire and annually thereafter, as well as to employees returning to work after the birth of a child.

 

These new rules go into effect June 7, 2023, the 180th day after it was signed.

 

Greater Rochester Chamber will keep members informed as updated NYS guidance and the template policy becomes available. We will be scheduling a member briefing in early 2023 to bring employers up to speed on the new rules and help ensure proper compliance.

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