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New York Law Requires Employers to Accommodate Nursing Mothers

The Basics of the New Law:

Under a new law effective August 15, 2007, New York employers must accommodate nursing mothers. In particular, the law requires that employers:

  1. allow nursing mothers time to extract breast milk by providing reasonable unpaid break time daily, or permit nursing mothers to use paid break time or meal time, for up to three years from her child’s birth; and

  2. make reasonable efforts to provide a room or other private location close to work areas for the extraction of breast milk;

The law also prohibits employers from retaliating against any employee who chooses to extract breast milk in the workplace.

Governor Eliot Spitzer offered the following comments about the new law:

"A woman should not be forced to sacrifice her ability to provide for her children economically or nutritionally," said Governor Spitzer. "Employers know the merit of retaining valuable employees, and this modest accommodation allows mothers who chose to breast feed to continue their invaluable contribution to the economy without fearing for their job."

Opinion:

The new law offers an overdue, additional layer of protection for women in the workplace. Workplaces in the United States are far less family-friendly than those of other advanced nations. The American worker labors under conditions that would be utterly unacceptable in Europe. Americans work much longer hours, with far fewer benefits, and much less job security, then similarly situated European workers. The stress on the American family is considerable. Laws such as this are not only good for families, but also promote more efficient workplaces.

By: Marc A. Rapaport, Esq.
Practicing Employment Law in New York and New Jersey
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New York divorce lawyer and discrimination lawyer. We provide legal representation in the areas of civil rights, employment law, family law, divorce, & child custody disputes in New Jersey & New York.