9520.6- The Rights of Employees to Express Breast Milk in the Workplace

Section 206-c of the New York State Labor Law gives all employees in New York the right to express breast milk in the workplace.

The District provides reasonable unpaid break time for its employees to express breast milk. In addition, employees are permitted to use their paid break time or meal time to express breast milk. This time must be provided for up to three years following childbirth. The District will provide unpaid break time at least every three hours if requested by the employee. However, the number of unpaid breaks an employee will need to express breast milk is unique to each employee and employers must provide reasonable break times based on the individual. The District is prohibited from discriminating in any way against an employee who chooses to express breast milk in the workplace.

An employee will be permitted to work before or after their normal shift to make up any time used as unpaid break time to express breast milk, as long as this time falls within the District’s normal work hours. However, an employee is not required to make up their unpaid break time.

The District will continue to follow existing federal and state laws, regulations, and guidance regarding paid and unpaid break time and meal times regardless of whether the employee uses such time to express breast milk. For additional information regarding what constitutes a meal period or a break period under state and federal law, please see the following resources:

While the District cannot require that an employee works while expressing breast milk, nothing in Labor Law 206-c prevents an employee from voluntarily choosing to do so. Time working while expressing breast milk must be compensated. Unpaid breaks provided for the expression of breast milk will be at least twenty minutes. However, if the designated lactation room where such break will be taken is not close to an employee’s work station, the provided break will be at least thirty minutes. An employee will be allowed to take a longer unpaid break if needed. Employees may also opt to take shorter unpaid breaks. Employees who work remotely have the same rights to unpaid time off for the purpose of expressing breast milk, as all other employees who perform their work in-person.

Making a Request to Express Breast Milk at Work

If an employee wants to express breast milk at work, they need to give the District reasonable advance notice, generally before returning to the workplace if the employee is on leave. This advance notice is to allow the District the time to find an appropriate location and adjust schedules if needed. Employees wishing to request a room or other location to express breast milk in the workplace should do so by submitting a written request to [insert who this should be] The District will respond to this request for a room or other location to express breast milk in writing within five days. The District will notify all employees in writing through email or printed memo when a room or other location has been designated for breast milk expression.

Lactation Room Requirements

In addition to providing the necessary time during the workday, the District will provide a private room or alternative location for the purpose of breast milk expression. The space provided for breast milk expression will not be a restroom or toilet stall.

The room or other location will:

There does not need to be a separate space for every nursing employee. The District may dedicate a single room or other location for breast milk expression. Should there be more than one employee at a time needing access to a lactation room, the District will dedicate a centralized location to be used by all employees.

Any space provided for breast milk expression will be close to the work area of the employee(s) using the space. The space will be in walking distance, and the distance to the location will not significantly extend an employee’s needed break time.

Adoption date: January 8, 2024