NYC Employers Must Post Written Lactation Accommodation Policies by May 2025
Beginning May 11, 2025, all New York City employers will be required to both physically and electronically post their written lactation accommodation policy under amendments to the New York City Human Rights Law.
This change comes from Local Law 109 of 2024, which updates existing policy requirements and aligns the city law with recent changes to New York State’s labor law.
What’s Required?
Under the amended law, employers must:
- Develop and implement a written lactation accommodation policy.
- Distribute the policy to all employees at the start of employment.
- Post the policy conspicuously at the workplace in an area accessible to employees.
- Post the policy electronically on the company’s intranet, if one exists.
What Must the Policy Include?
The written policy must:
- State that employees have the right to request a lactation room.
- Describe how to submit a request for a lactation room.
- Require a response from the employer within five business days.
- Outline procedures when multiple employees need to use the room at the same time.
- State that employers will provide 30 minutes of paid break time to express breast milk, and allow employees to use existing paid break or meal time for additional time if needed.
- Address undue hardship procedures, including engaging in a cooperative dialogue if providing a lactation room presents a challenge for the employer.
Next Steps for Employers
NYC employers should review and update their existing lactation accommodation policies to ensure compliance before May 11, 2025. This includes revising procedures, break policies, and posting protocols to meet the new standards.
The NYC Commission on Human Rights has made this Model Lactation Accommodation Policy Notice for your convenience.
Resources:
New York City Local Law 109
Ogletree Deakins
Proskauer
NYC Lactation Page
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