New York State is implementing measures in protecting the rights of nursing mothers and mothers-to-be. One law went into effect on June 19, 2024, and the other will begin in 2025 and will be the first of its kind in the nation.
What do the New Milk Expression Law and the prenatal leave provision of the Family Medical Leave Act (FMLA) mean for both employers and employees?
Providing help to families when they need it most
Under the federal FMLA, eligible employees can take twelve weeks of unpaid, job-protected leave. However, many working families can’t afford to lose three months of income so the parents can stay home and bond with their children.
With the New York Paid Family Leave (PFL), eligible employees can receive up to 67% of their average weekly wage, capped at 67% of the New York State Average Weekly Wage (NYSAWW), which is determined by the DOL.
In 2025, a new provision of the New York Sick Paid Leave Law will require employers to provide expectant mothers with up to 20 hours of paid leave to receive prenatal care. Mothers and their unborn children have better health outcomes when they have regular doctor visits throughout their pregnancy. Mothers-to-be will no longer need to worry about lost wages when attending doctor’s visits.
The New Milk Expression Law is legislation designed to support breastfeeding mothers in the workplace. Both public and private employers, regardless of the size of the business, are required to provide nursing mothers with a thirty-minute paid break to pump breast milk. These breaks are in addition to the employee’s meal or paid break times.
The employer must also provide a private location, other than a bathroom, for their employees to express breast milk. This space should be shielded from view, must be close to the employee’s work area, have a chair and flat surface, such as a table, access to clean running water and an electrical outlet.
