Effective May 11, 2025, New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy.
Recently enacted Local Law 109 amends existing language under the New York City Human Rights Law regarding the obligation of employers to implement and distribute a written lactation accommodation policy. Such a policy must, among other things, state that employees have a right to request a lactation room and identify the process by which they can make such a request, including a requirement that the employer respond to such a request within five (5) business days. Under current law, such written policy must be distributed to all employees upon hire.
The amendment adds an additional requirement that employers make their written lactation room accommodation policy “readily available to employees by, at a minimum, conspicuously posting such policy at an employer’s place of business in an area accessible to employees and electronically on such employer’s intranet, if one exists.” The amendment also slightly modifies the requirement to distribute the written policy to employees upon hiring to now require it “at the commencement of employment.” In addition, the amendment incorporates the recent change to New York State law that now requires that the first 30 minutes of each lactation break be paid. Specifically, an NYC-compliant lactation room accommodation policy will now need to include a statement that the employer will provide 30 minutes of paid break time for lactation purposes and permit an employee to use existing paid break or meal time for lactation time needed in excess of 30 minutes.