New York is one of the most breastfeeding-positive states, thanks to state workplace legislation that transcends the protection provided by the Federal Fair Labor Standards Act (FLSA). State law applies to all mothers (not just hourly) and extends the right to pump at work to three years after the child’s birth. In 1994 New York was also one of the first states to pass a law protecting a mother’s right to breastfeed in public.
We’ve awarded New York four drops on our scale.
NY Breastfeeding Laws: In Public
New York was one of the first states to pass a law (1994) explicitly protecting the right to breastfeed in public. Additionally, New York exempts breastfeeding from public indecency laws. Read this trailblazing legislation: N.Y. Civil Rights Law § 79-e (1994)
NY Breastfeeding Laws: At Work
All employers in New York are required to support all breastfeeding employees (not just hourly employees, as covered by the FLSA) with time and a space (other than a bathroom) to pump at work for up to three years after the child’s birth. (The FLSA requirements apply only to the first year after baby is born.) Read the law: N.Y. Labor Law § 206-c
NY Breastfeeding Laws: Breastfeeding-Positive Municipalities
New York City
New York City requires lactation spaces for the Department of Health and Mental Hygiene, the Administration for Children’s Services, and the Department of Social Services. Read the law: Chapter 1 of title 17 § 17-199.
The City Council also passed two laws to increase support for working breastfeeding women (effective March 18, 2019). One of these new laws (Int. 879-A) requires employers with 15 or more employees to provide a dedicated lactation space (not a bathroom) for all employees (not just hourly). The other law (Int. 905-A) requires employers to provide breastfeeding employees with a written lactation accommodation policy to ensure moms know about their workplace rights.
NY Breastfeeding Laws: Correctional Facilities
Under New York law a breastfeeding mother may be accompanied by her child if she is committed to a correctional facility. The law also allows a child born to a committed mother to stay with the mother in the correctional facility for up to one year. The law is applicable as long as it has been determined that the mother can adequately care for the child. Read the law: N.Y. Correction Law § 611
NY Breastfeeding FYI
Additionally, state law exempts breastfeeding mothers from public indecency laws.
Note: Mamava’s goal is to provide the most up-to-date legislative information available. But federal, state, and municipal laws are constantly evolving—which is a good thing! So if we’ve missed something, we appreciate any additions or corrections. Contact us at [email protected]
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Mamava Breastfeeding Laws key
State law protects breastfeeding in public (now true of all states). There are no state-level workplace breastfeeding laws. Breastfeeding mothers, who are paid hourly, are covered by the federal FLSA. Not the breast-case scenario.
State law provides workplace breastfeeding rights for specific employee sectors (e.g., city employees) OR mandates lactation accommodations for specific locations (e.g., airports, municipal buildings).
State law protects all working breastfeeding moms (not just hourly) and exceeds the federal FLSA law.
State law protects all working breastfeeding mothers AND additional state legislation protects specific populations OR mandates lactation accommodations for specific locations.
The gold standard. State law protects all working breastfeeding mothers, identifies standards for lactation spaces (e.g., access to a refrigerator), AND additional state legislation protects specific populations AND mandates lactation accommodations for specific locations.