New York
recently passed a law, effective August 15, 2007, requiring all employers to
permit nursing mothers to express breast milk in the workplace. Thirteen other states have enacted similar
laws (California, Connecticut,
Georgia, Hawaii, Illinois,
Minnesota, New Mexico,
Oklahoma, Oregon,
Rhode Island, Tennessee,
Texas and
Washington).
The New York
law requires employees to provide reasonable unpaid break time, or to permit
employees to use paid break time or meal time, to express breast milk. Employers are required to make reasonable
efforts to provide a private room or other location, in close proximity to the
work area, to express milk. These protections apply for up to three years
following the birth of a child.
This new law only addresses the expression of breast milk,
and not the right to breastfeed a baby in the workplace, however, employers
should be aware of another New York
law dealing with breastfeeding. Civil
Rights Law Section 79-e protects the right of a nursing mother to breastfeed
her baby in any location, public or private.