New York City has recently passed legislation requiring employers with more than four (4) employees to provide lactation accommodation policies for their employees.
The city has made different versions of the model policy available to employers to address three (3) possible scenarios:
The employer is able to provide a dedicated Lactation Room that meets the City's requirements and includes privacy, at least one electrical outlet, a surface to place the pump and personal items, a chair, is near running water and can be locked from the inside.
The employer cannot designate a Lactation Room and will instead use a multi-purpose room that meets as many of the requirements of the Lactation Room as possible.
The employer does not have either a stand-alone room or a multi-purpose room that can be used and will work with the employee to make reasonable accommodations.
Please see below for the three (3) model policies that have been released by the City - please review carefully to determine which policy is applicable to you. Once you have determined the correct policy, please customize for your organization and distribute to all current employees as well as all future new hires.
NYC Lactation Model Policies
NYC Lactation Model Policy NYC Lactation Model Policy for Multipurpose Space NYC Lactation Model Policy No Space
Please note that Designated Lactation Rooms Must have a sign displayed when the room is occupied.
In addition, NYC has put together an Overview on the policy as well as a FAQ page for employers with questions on the policy requirements and implementation.
New York State Employers
As a reminder, New York State has its own Rights of Nursing Mothers policy in place. Here is the Fact Sheet that should be displayed with the rest of your employee postings, as well as a Notice that can be distributed to employees returning to work following the birth of a child. Additional information can be found here.
If you have any questions please do not hesitate to contact us.