by Christina Akers-DiCenzo, Esq. and Lindy Korn, Esq.

Working moms in Buffalo need to be aware of their workplace lactation rights. New York was the first state in the country to allow women to breastfeed anywhere they are legally entitled to be, such as restaurants, parks, museums, grocery stores, and shopping malls. Moms are not required to cover their breast while breastfeeding or to breastfeed in a private location.

New York’s Nursing Mothers in the Workplace Act of 2007 applies to all businesses regardless of size, and to all full or part-time employees regardless of their company longevity. It states that women have the right to pump at work for up to three years following childbirth. It also requires that employers make reasonable efforts to allow breastfeeding employees to pump in privacy, free of intrusion. The NY Department of Labor Guidelines Regarding Nursing Mothers (Guidelines) say that a pumping location may not be a restroom; that pumping break time must allow sufficient time for the employee to express breast milk, and be no less than 20 minutes; and that the number of unpaid breaks should depend upon the amount of time the employee is separated from her nursing infant and her own physical needs.

The Guidelines also say employers must provide an unpaid break at least every three hours, if necessary, and that the designated pumping area must be close to the employee’s workstation. If it is not, the breaks should be a minimum of 30 minutes to allow time to get to the pumping station. Employers are not required to pay employees for the breaks required to pump, and employees can, instead, choose to only take their regular paid breaks to pump breast milk. Break time is important because if it is not provided, it can result in immediate detrimental health consequences for the mother and child.

Employers must notify their employees of their workplace lactation rights either by employee handbook, placing a workplace notice in a central location, or by reaching out to the individual employee. Employees should notify their employers of their intent to pump at work before they begin so the employer has ample time to ensure a legally appropriate pumping location. Depending on the workplace, an employee may pump in a private office, a designated nursing room, or a conference room with a locked door. Ideally, the space should have an outlet for the breast pump, a chair, a place to set the pump down, and a place to safely refrigerate the pumped milk.

By supporting nursing employees, employers also help their bottom line. Because breastfeeding provides significant health benefits for both the child and the mother, the nursing mother is less likely to take sick time for herself, or take time off work to bring her child to the doctor for a sick visit.

Christina Akers-DiCenzo, Esq. and Lindy Korn, Esq. are attorneys who focus on preventing and correcting illegal workplace discrimination, sexual harassment, and retaliation. Learn more at www.buffalo-discrimination-attorney.com, or call 716-856-KORN.