Effective May 8, 2025, employers in New York City will be required to physically and electronically post a copy of their written lactation accommodation policy. Employers will be required to post the policy in an area accessible to employees and electronically on the employer’s intranet (if it exists). This NYC law applies only to employers with four or more employees.
Employers should keep in mind that this posting obligation is in addition to employers’ obligation to distribute a written lactation policy to employees upon hire. State law requires all New York employers, regardless of size, to make reasonable efforts to provide a room (other than a restroom) or other location where an employee may express milk in privacy.
Per New York State law, employers must provide employees 30 minutes of paid break time to express milk. Now, both the state and NYC law will require all employers to provide 30 minutes of paid break time and allow employees to use other paid break or mealtime for time in excess of 30 minutes.
NYC’s new posting requirement of the employer’s written lactation accommodation policy bolsters the state’s requirement to provide unpaid lactation breaks and, whereas state law requires an employer to make “reasonable efforts” to provide a location for expressing milk, NYC employers are specifically required to engage in a cooperative dialogue to determine what, if any, accommodations may be available, and to provide the employee with a written notice regarding whether any accommodation was ultimately granted or denied.
NYC employers should inform and train managers about this new law to ensure they are well equipped to handle any employee requests for lactation breaks and should review and revise their current policies and practices and update their physical and electronic postings to ensure that they meet this posting obligation.