On October 17, 2018, the New York City Council passed the “Parental Empowerment” package of bills, which would require employers in New York City with 15 or more employees to provide a “lactation space” and “lactation accommodation” for employees who need to express and store breast milk.  Specifically, employers will be required to designate a private, sanitary place that is not a restroom for purposes of expressing milk.

New York State law has required employers to allow nursing mothers with breaks to express milk since 2008. However, the New York City law will go further to require a dedicated room for this purpose. The lactation room must include a space to place a breast pump for employees needing to express breast milk. The employer will also be required to ensure that the lactation room and a refrigerator suitable for breast milk storage are in a reasonable proximity to an employee’s work area.

The law will permit employers who are unable to designate a room solely for lactation purpose, to use a room that is also used for other purposes provided that the primary function of the room will be as a lactation space. The proposed bill includes an “undue hardship” exemption that mirrors the requirements of the Human Rights Law. An employer will be exempt from the requirement of providing a lactation space if the employer can demonstrate that it would pose an undue hardship in the form of “significant expense or operational difficulty.” However, the standard for demonstrating an undue hardship would be high and employers would still be required to accommodate the needs of the employee.

The law will go into effect 120 days after New York City Mayor DeBlasio signs it. With the Mayor’s signature expected shortly, the requirements will likely take effect in February of 2019. We will continue to monitor the proposed and will keep you informed as to any developments.