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Editor: Mitchell H. Rubinstein
New York Law School

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Thursday, August 30, 2007

New York enacts Nursing Mothers In Workplace Act

On August 22, 2007, New York Gov. Spitzer signed into law A-07042 which is entitled the Nursing Mothers in Workplace Act. This statute authorizes nursing mothers to express breast milk; provides that an employer shall provide a reasonable amount of paid or unpaid break time during each work day to permit an employee to express breast milk for her nursing infant for at least two years following the birth of such child.

Specifically, the statute provides:

NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, AN EMPLOYER SHALL
PROVIDE A REASONABLE AMOUNT OF PAID OR UNPAID  BREAK  TIME  DURING  EACH
WORK  DAY  TO  PERMIT AN EMPLOYEE TO EXPRESS BREAST MILK FOR HER NURSING
INFANT FOR AT LEAST TWO YEARS FOLLOWING CHILD  BIRTH.  NOTHING  IN  THIS
SECTION  SHALL  REQUIRE  AN  EMPLOYER TO PROVIDE SUCH EMPLOYEE WITH MORE
PAID BREAK TIME THAN SHE WOULD  OTHERWISE  RECEIVE,  BUT  SUCH  EMPLOYEE
SHALL BE PROVIDED WITH ANY ADDITIONAL UNPAID BREAK TIME SHE MAY NEED FOR
SUCH  PURPOSE.  AN  EMPLOYER IS NOT REQUIRED TO PROVIDE BREAK TIME UNDER
THIS SECTION IF TO DO SO WOULD SERIOUSLY DISRUPT THE OPERATIONS  OF  THE
EMPLOYER.  THE  EMPLOYER  SHALL PROVIDE A PRIVATE ACCOMMODATION SUITABLE
FOR THE PURPOSE OF EXPRESSING BREAST MILK, LOCATED IN CLOSE PROXIMITY TO
THE WORK AREA, NOT INCLUDING  A  BATHROOM  STALL  OR  STORAGE  AREA.  NO
EMPLOYER  SHALL  DISCRIMINATE IN ANY WAY AGAINST AN EMPLOYEE WHO CHOOSES
TO EXPRESS BREAST MILK IN THE WORKPLACE.

The Legislative History of this statute can be found here and Gov. Spitzer's statement upon signing the statute can be found here.

All I can say, it's about time.

Hat Tip Workplace Prof Blog

Mitchell H. Rubinstein 

http://lawprofessors.typepad.com/adjunctprofs/2007/08/new-york-enacts.html

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Comments

I appreciate this law.All mothers would feel more comfortable in breastfeeding at office because of this law.Thanks for the post.

Posted by: Isis | Nov 2, 2009 12:28:10 AM

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