New York

New York is a breastfeeding-positive state thanks to state laws that provide workplace lactation protections. In addition to the federal FLSA’s PUMP Act that provides workplace lactation accommodation protections for all breastfeeding employees, New York’s laws provide additional levels of support.

We’ve awarded New York three drops on our scale.

NY Breastfeeding Laws: In Public

New York was one of the first states to pass a law (1994) explicitly protecting the right to breastfeed in public. Additionally, New York exempts breastfeeding from public indecency laws. Read this trailblazing legislation: N.Y. Civil Rights Law § 79-e (1994)

NY Breastfeeding Laws: At Work

All breastfeeding employees are protected by the federal FLSA’s PUMP for Nursing Mothers Act and entitled to reasonable break time and a private space (other than a bathroom) to pump at work for one year. But New York also has robust lactation accommodation laws that require all employers to support all breastfeeding employees with time and a space (other than a bathroom) to pump at work for up to three years after the child’s birth. (Two years longer than the PUMP Act!) New York state also mandates specific stipulations for lactation spaces requiring them to: be in close proximity to where employees work, be well lit, provide electrical outlets and a working surface, and have nearby access to running water. As of July 2024, employers are required to provide paid break time for 30 minutes. Employers are required to follow the law (state or federal) that provides greater protections. Read the law: N.Y. Labor Law § 206-C

NY Breastfeeding Laws: Correctional Facilities

New York law states that a breastfeeding mother may be accompanied by her child if she is committed to a correctional facility at the time she is nursing. The law also allows a child born to a committed mother to stay with the mother in the correctional facility for up to one year. The law is applicable as long as it has been determined that the mother can adequately care for the child. Read the law: N.Y. Correction Law § 611

NY Breastfeeding Laws: Breastfeeding-Positive Municipalities

Albany

Albany County Legislature requires all County office buildings to provide lactation rooms for employees. Lactation rooms must be private, non-bathroom spaces that provide, at a minimum, a chair, electrical outlet, a surface for breast pump, and have nearby access to running water and a refrigerator to store breast milk. Read the resolution: RESOLUTION NO. 101

New York City

New York City requires lactation spaces for the Department of Health and Mental Hygiene, the Administration for Children’s Services, and the Department of Social Services. Read the law: Chapter 1 of title 17 § 17-199.

The City Council also passed two laws to increase support for working breastfeeding women. One of these laws (Int. 879-A) requires employers with 15 or more employees to provide a dedicated lactation space (not a bathroom) for all employees (not just hourly). The other law (Int. 905-A) requires employers to provide breastfeeding employees with a written lactation accommodation policy to ensure they know their workplace rights.

Int. 905-A was amended in 2025 (as of May 11) to include the following:

• Employers must make the policy “readily available” by physically posting the policy in an area accessible to employees in the workplace and electronically posting the policy on the employer’s intranet (if one exists).
• Employers must include a statement that the employer will provide “30 minutes of paid break time, and shall further permit an employee to use existing paid break time or meal time for time in excess of 30 minutes” to express breast milk.

• While employers are required to distribute the policy to all employees “upon hire,” the amended law requires employers to distribute the policy to employees “at the commencement of employment.”

NY Breastfeeding Information + Resources

State law exempts breastfeeding mothers from public indecency laws and breastfeeding mothers can request an exemption from jury duty.

The New York Statewide Breastfeeding Coalition is a not-for-profit breastfeeding advocacy organization. Visit here.

Visit the U.S. Breastfeeding Committee for a full list of state breastfeeding coalitions.

Breastfeeding Law Rating Key

One drop: There is no state-level workplace lactation legislation beyond the PUMP Act.

Two drops: State law exceeds the PUMP Act in one of the following ways: 1) Lower threshold for employer exemption; 2) Workplace protections beyond one year; 3) Requirements for lactation spaces (e.g. electrical outlets); 4) Protections for specific populations other than employees (e.g. students).

Three drops: State law exceeds the PUMP Act in at least two of the following ways: 1) Lower threshold for employer exemption; 2) workplace protections beyond one year; 3) requirements for lactation spaces (e.g. electrical outlets); 4) protections for specific populations other than employees (e.g. students).

Disclaimer: Please consult a professional for legal advice. Our information on breastfeeding laws is not a substitute for legal counsel.