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New York City Enacts New Lactation Room, Policy Requirements

03/07/19

Author: ADP Admin/Monday, March 4, 2019/Categories: State Compliance Update, New York

New York City Enacts New Lactation Room, Policy Requirements Overview: New York City has enacted new lactation accommodation requirements, including a requirement for covered employers to adopt a lactation room policy.

Effective Date: March 17, 2019

Details:
Lactation Room Requirements:

Unless it would impose an undue hardship on their business, employers in New York City must provide a lactation room and refrigerator suitable for storing breast milk in reasonable proximity to a nursing mother’s work area.

A lactation room is defined as a sanitary room, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion. At a minimum, it must include an electrical outlet, a chair, a surface on which to place a breast pump and other personal items, and nearby access to running water.

While employers are permitted to designate a lactation room that is also used for another purpose, the sole function of the room must be as a lactation room while an employee is using it to express breast milk. When an employee is using a multi-purpose room to express milk, the employer must provide notice to other employees that the room is given preference for use as a lactation room.

Undue Hardship:

If providing the required lactation room would impose an undue hardship, the law requires the employer to engage in “cooperative dialogue” with the employee to discuss her accommodation needs. This includes discussing potential alternative accommodations that may address such needs, and the difficulties that such accommodations may pose for the employer. At the end of the cooperative dialogue, employers must provide written notice to the employee about accommodations granted or denied.

Policy Requirements:

Employers in New York City must adopt a written policy on lactation rooms and distribute to all employees at the time of hire. The policy must include a statement that employees have a right to request a lactation room and identify a process by which employees may do so. This process must:
  • Specify the means by which an employee may submit a request for a lactation room;
  • Require that the employer respond to a request for a lactation room within a reasonable amount of time not to exceed five business days;
  • Provide a procedure to follow when two or more individuals need to use the room at the same time, including contact information for any follow up required;
  • State that the employer must provide reasonable break time for an employee to express breast milk; and
  • State that if the request for a lactation room poses an undue hardship on the employer, the employer must engage in a cooperative dialogue with the employee.
The city will develop a model policy and request form and post them on the website of the New York City Commission on Human Rights.

Action Required: Employers in New York City should ensure compliance with these laws by March 17, 2019. ADP is monitoring developments, particularly the Commission’s release of a model policy, and anticipates providing a sample policy thereafter. Covered employers should also train supervisors on how to respond to accommodation requests.

Please contact your dedicated service professional with any questions.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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