NYC amends law to require employers to post lactation room accommodation policy

On November 12, 2024, New York City enacted Local Law 109 of 2024. This new ordinance amended the requirement in the New York City Human Rights Law (NYCHRL) that employers develop and implement a written policy regarding the provision of a lactation room for nursing mothers.

Make written policy readily available

The NYCHRL mandates that such policy shall include a statement that employees have a right to request a lactation room and shall identify a process by which employees may request a lactation room.

The NYCHRL already required employers to distribute such written policy to employees “upon hiring.” The amended ordinance, which will go into effect on May 11, 2025, will now direct employers to distribute such policy “at the commencement of employment” and further provides that every employer shall make such written policy readily available to employees by, at a minimum, conspicuously posting it at their place of business in an area accessible to employees and electronically on their intranet, if one exists.

Paid break time for lactation

The NYCHRL currently requires that employers shall provide reasonable break time for an employee to express breast milk. The amended ordinance further mandates that employers, in their lactation room accommodation policy, state that they will provide 30 minutes of paid break time and shall further permit an employee to use existing paid break time or mealtime for time in excess of 30 minutes to express breast milk.