New York’s “Nursing Mothers in the Workplace Act”

Last month, New York Governor Eliot Spitzer signed a new law protecting the rights of nursing mothers in the workplace. Signifying the bipartisan support for this measure, the new law, titled the “Nursing Mothers in the Workplace Act” (the Act), was unanimously approved by the New York State Assembly and Senate.

New York joins a group of other states that have passed laws to provide job protections for nursing mothers. The Act requires employers to “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.” The law further bars employers from discriminating in any way against mothers who choose to express milk in the workplace and requires employers to “provide a private accommodation suitable for the purpose of expressing breast milk, located in close proximity to the work area.” This accommodation may not include a bathroom stall or a storage area.