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Updated Lactation Accommodation Requirements for NYC Employers

Last week, on May 8, 2025, a new provision to New York City’s lactation accommodation laws went into effect requiring employers with four or more employees in NYC to post their lactation accommodation policies physically and, if applicable, on the employer’s intranet.  NYC’s lactation accommodation laws already required employers to distribute such policies to new hires.

The lactation accommodation policies must comply with specific legal standards. Specifically, the policies must reflect:

  • Lactation Room Standards
    • Employers must provide a clean, private space (other than a restroom) equipped with an electrical outlet, a chair, a surface for placing a breast pump, and nearby access to running water.
    • If a dedicated lactation room is unavailable, a multi-purpose space may be used, provided it is shielded from view and free from intrusion during use.
  • Paid Break Time
    • Employers are required to provide 30 minutes of paid break time for lactation purposes.
    • Employees may use existing paid break or meal time for lactation time exceeding 30 minutes.
  • Cooperative Dialogue
    • If providing a compliant lactation room poses an undue hardship, employers must engage in a cooperative dialogue with the employee to identify alternative accommodations.

To assist employers with compliance, the NYC Commission on Human Rights updated its model lactation accommodation policies.  The model policies include a policy for workplaces with a dedicated lactation room, a policy for workplaces with a multi-purpose space that may be used as a lactation room, and a policy for workplaces with no available space for a lactation room.  The model policies, as well as updated FAQs, a model lactation accommodation request form, and other resources are available here.

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