New York Expression of Breast Milk Poster Mandatory

YOUR RIGHTS AS AN EMPLOYEE
To Express Breast Milk At Work

YOU HAVE THE RIGHT TO EXPRESS
BREAST MILK AT WORK

New York State Labor Law Section 206-c requires
your employer to provide you with 30 minutes of paid
break time when you need to pump breast milk at work.
For more information on your rights in the workplace,
please view the New York State Department of Labor’s
(NYSDOL) policy here on.ny.gov/breastmilkexpression.
For more information regarding expressing breast
milk, please view the New York State Department of
Health’s Breast Feeding Bill of Rights at health.ny.gov/
publications/2028/.

DOES THIS LAW COVER MY EMPLOYER?
This law applies to all public and private employers
in New York State, regardless of the size or nature of
their business.
WHAT IF MY EMPLOYER HASN’T TOLD ME I CAN
PUMP BREAST MILK AT WORK?
All employers are required to inform employees about their
right to take 30 minute paid breaks during the work day
for the purpose of expressing breast milk. Your employer
must inform you of this right by providing you with New
York State Department of Labor’s Policy on the Rights of
Employees to Express Breast Milk in the Workplace. This
policy can be provided in print or electronically through
email. All employees must receive this policy when they are
hired and this notice must be given to every to employee
returning to work following the birth of a child, as well as
once a year thereafter.
DO I HAVE TO GIVE MY EMPLOYER ADVANCE NOTICE
IF I WANT TO PUMP BREAST MILK AT WORK?
Yes. If you want to pump breast milk at work, you must
notify your employer in advance in writing – preferably
before you return to work from maternity leave. Your
request should be sent to your direct supervisor or staff
member designated by your employer to handle such
requests. Your written request can be sent through
email, text message, written correspondence or any

chat-based app regularly used by the organization
for correspondence that allows for the retention of
messages. Your written notification should include details
regarding how many breaks you anticipate needing
during the work day. If you have preferred times to
express breast milk, please include that in your written
notification as well.

HOW LONG AFTER MY CHILD IS BORN CAN I PUMP
BREAST MILK AT WORK?
You may take break time to pump breast milk at work for
up to three years following the birth of your child.
HOW MUCH BREAK TIME CAN I TAKE TO PUMP
BREAST MILK?
Your employer must give you a 30 minute paid break
when you need to express breast milk. You can take
shorter breaks if you choose. The breaks are in addition
to any meal time or regular paid breaks you might have.
You are permitted to use existing meal time or paid
break time if you need additional time for breast milk
expression beyond the paid 30 minutes.
HOW OFTEN DURING THE WORKDAY CAN I TAKE
BREAKS TO PUMP BREAST MILK?
The number of paid breaks an employee will need
is unique to each employee. Your employer must
accommodate you whenever you reasonably need to
take a break to express milk.

IF I TAKE BREAKS TO PUMP BREAST MILK, CAN MY
EMPLOYER REDUCE THE AMOUNT OF OTHER BREAK
TIME I GET?
No. If you take paid breaks to pump breast milk, your
employer cannot take time away from your regular paid
break or meal time.

IF I TAKE BREAKS TO PUMP BREAST MILK, CAN I
MAKE UP THAT TIME?
No. Your employer is prohibited from requiring you to
work before or after your normal shift to make up for any
paid break time you take to pump breast milk. You are
not required to make up this time.
DOES MY EMPLOYER HAVE TO PAY ME FOR BREAK
TIME I TAKE TO PUMP BREAST MILK?
Yes. Under New York State Law, all employees are entitled
30 minutes of paid break time each time they reasonably
need to express breast milk. You may also use your
regular paid break or meal time to pump breast milk. You
are under no obligation to complete work tasks while
expressing breast milk, and your employer cannot require
it. You may voluntarily decide to do so if you want to.
DOES MY EMPLOYER HAVE TO PROVIDE A PLACE
FOR ME TO PUMP BREAST MILK?
Yes. Your employer must provide you with a private room
or other location close to your work area where you
can pump breast milk. If your employer can’t provide a
dedicated lactation room, a temporarily vacant room may
be used instead. As a last resort, a cubicle can be used,
but it must be fully enclosed with walls at least seven feet
tall. You should consult the NYSDOL’s Division of Labor
Standards if your employer tells you they do not have a
place for you to pump breast milk.
CAN THAT PLACE BE A BATHROOM?
No. The room or location provided by your employer
cannot be a restroom or toilet stall.
WHAT DOES MY EMPLOYER HAVE TO PUT IN THE
ROOM?
The place where you pump breast milk must contain a
chair and small table or other flat surface. Additionally,
the space must have good natural or artificial light, an
electrical outlet (if the workplace has electricity), and be
close to accessible, clean water. If the workplace has a
refrigerator, you must be allowed to use it to store milk if
you would like.

WHAT DO I DO IF MY EMPLOYER ISN’T FOLLOWING
THIS LAW?
File a complaint with the NYSDOL’s Division of Labor
Standards. These complaints are confidential. We
will not tell your employer a complaint has been
filed against him or her. You may call NYSDOL at
1-888-52-LABOR, email to [email protected],
or come to the nearest Labor Standards to file a
complaint. A list of offices is available at labor.ny.gov/
workerprotection/laborstandards/workprot/lsdists.shtm.
WHAT IF MY EMPLOYER PUNISHES ME FOR FILING A
COMPLAINT? 	
Your employer may not discriminate or retaliate in any
way against you or any other employee who chooses
to pump breast milk in the workplace or who files a
complaint with us. If this happens, contact NYSDOL
immediately and let us know.
WHERE CAN I FIND ADDITIONAL INFORMATION ON
THIS TOPIC?
NYSDOL has issued a policy on the rights of employees
to express breast milk in the workplace. Employers are
required to provide you with this policy when you are
hired, as well as when you return to work after a child
is born. The policy is available online at on.ny.gov/
breastmilkexpression.
DO ANY OTHER LAWS PROTECT MY RIGHT TO PUMP
BREAST MILK AT WORK?
Yes. The Fair Labor Standards Act, a federal law covering
all 50 states, also protects your right to pump breast
milk at work. For more information, contact the Wage
and Hour Division of the U.S. Department of Labor at
1-866-4USWAGE. The federal PUMP Act went into effect
in 2023, expanding protections for almost all employees
pumping breast milk at work. Under the PUMP Act, any
covered workers not provided with breaks and adequate
space for up to a year after the birth of a child are able to
file a complaint with USDOL or file a lawsuit against their
employers. For more information, please visit on.ny.gov/
breastmilkexpression.

DOES THE ROOM HAVE TO BE PRIVATE?
Yes. The room or place provided by your employer cannot
be open to other employees, customers, or members of
the public while you are pumping breast milk. It should
have a door with a functional lock, or, in the case of a
cubicle, a sign warning the location is in use and not
accessible to others. If there are windows in the space,
they should be covered.

P 690 (6/24)

The New York State Department of Labor is an Equal Opportunity Employer/Program.
Auxiliary aides and services are available upon request and free of charge to individuals with disabilities TTY/TDD 711 or 1-800-662-1220 (English) / 1-877-662-4886.