New York State has updated its lactation accommodation policy with several new requirements for employers to follow. The important updates are below:

1. Employees are entitled to an accommodation each time they need to express breastmilk;

2. Employers must provide a lactation area to the employee that contains all of the following amenities (unless undue hardship can be shown for each one, but a room must always be provided):

a. A chair;

b. A surface to place belongings;

c. Clean running water; 

d. An electrical outlet

3. Employers have two new notice requirements:

a. Employers must provide notice of an employee’s right to lactation accommodation upon hire, annually thereafter, and at the time an employee returns from maternity leave. The notice must include information on how to request the accommodation and the promise that the employer will respond to any requests within 5 days; 

b. Employers must provide notice to all employees of the room to be designated for lactation accommodation as soon as possible.

These updates will take effect on June 7, 2023. Employers should update their lactation policies and ensure that they have a requisite space selected for lactation accommodation as soon as possible. The law further requires New York State to create a model lactation policy to satisfy the new regulations. FNA will provide an update as soon as the model policy is made available.