Nursing Mothers Law takes effect: Here’s what employers and employees need to know

A significant step towards supporting nursing mothers in the workplace was taken this week when the updated Nursing Mothers Law officially went into effect in New York State.

This new law imposes several specific obligations on employers, extending beyond providing facilities and breaks to nursing mothers. The updated law requires employers to inform employees about their rights and the responsibilities of their employers, with a focus on creating an enabling environment for nursing mothers.

“Though facilities and breaks for nursing mothers have been the statewide law for some time, the law that takes effect (Wednesday) imposes several very specific obligations on employers, including notice to all employees of those responsibilities and their rights,” said Rachel Demarest Gold, a partner at Abrams Fensterman, where she practices with the Firm’s Labor and Employment, Criminal, and Government Litigation, Law and Policy practice groups.

The new law stipulates that nursing employees are entitled to unpaid breaks as frequently as needed for up to three years after they give birth. It advises employers to ensure hourly workers clock out during these breaks. While the breaks are unpaid, employers need to record that these breaks were taken and their duration. Moreover, the law necessitates that employees be allowed to compensate for the lost time due to breaks either before or after their shifts.

An essential part of the legislation is the requirement for employers to provide a private room, separate from the bathroom, equipped with a chair, a small table, an electrical outlet, and a clean water supply. If refrigeration is available at the workplace, employers must provide nursing mothers with access to milk storage.

The law…