New York Breastfeeding Laws
New York is a breastfeeding-positive state thanks to state laws that provide workplace lactation protections. In addition to the federal FLSA’s PUMP Act that provides workplace lactation accommodation protections for all breastfeeding employees, New York’s laws provide additional levels of support.
We’ve awarded New York three 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 breastfeeding employees are protected by the federal FLSA’s PUMP for Nursing Mothers Act and entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year. But New York also has robust lactation accommodation laws that require all employers to support all breastfeeding employees with time and a space (other than a bathroom) to pump at work for up to three years after the child’s birth. (Two years longer than the PUMP Act!) New York state also mandates specific stipulations for lactation spaces (effective June 7, 2023) requiring them to: be in close proximity to where employees work, be well lit, provide electrical outlets and a working surface, and have nearby access to running water. Employers are required to follow the law (state or federal) that provides greater protections. Read the law: N.Y. Labor Law § 206-C
NY Breastfeeding Laws: Correctional Facilities
New York law states that a breastfeeding mother may be accompanied by her child if she is committed to a correctional facility at the time she is nursing. 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 Laws: Breastfeeding-Positive Municipalities
Albany
As of April 2022, Albany County Legislature requires all County office buildings to provide lactation rooms for employees. Lactation rooms must be private, non-bathroom spaces that provide, at a minimum, a chair, electrical outlet, a surface for breast pump, and have nearby access to running water and a refrigerator to store breast milk. Read the resolution: RESOLUTION NO. 101
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. One of these 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 they know their workplace rights.
NY Breastfeeding Information + Resources
State law exempts breastfeeding mothers from public indecency laws and breastfeeding mothers can request an exemption from jury duty.
The New York Statewide Breastfeeding Coalition is a not-for-profit breastfeeding advocacy organization. Visit here.
Visit U.S. Breastfeeding Committee for a full list of state breastfeeding coalitions.
Mamava designs solutions to empower breastfeeding and pumping parents on the go, like our freestanding lactation pods and lactation space locator app.
Laws are constantly evolving—which is a good thing! So if we’ve missed something, contact us at hello@mamava.com.
Disclaimer: Please consult a professional for legal advice. Mamava’s information on breastfeeding laws is not a substitute for legal counsel.
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