New York Employers Required to Provide Time Off for Expressing Breast Milk and for Donating Blood

August 28, 2007

New York Governor Eliot Spitzer has signed legislation requiring all employers in the state to provide break time for nursing female employees to express breast milk. Employers must provide the break time for up to 3 years after the birth of a child. The break time need not be paid under the enactment, but to ensure wage and hour compliance, such time must be paid if the break is for less than 20 minutes.

The law, which became effective immediately on August 22, 2007, also: (i) prohibits discrimination against employees who choose to avail themselves of their rights under the statute; and (ii) encourages employers to make "reasonable efforts" to provide a nearby private room for employees to express breast milk.

Proposed legislation of this type had been pending for the past few years and the new law is consistent with requirements imposed in many other jurisdictions.

Enactment of new legislation protecting females in the workplace is a good reminder to review existing legislation protecting females in the workplace. For example, under New York law:

1. An employer is generally prohibited from employing a female employee within four weeks after childbirth without medical certifications; and
2. If an employer requires a female employee to submit to a medical examination, the female employee is entitled to a female physician or a female witness. The employer must post a notice informing employees of their rights.

In a similar vein, New York employers that employ at least 20 employees at a worksite are required to provide employees who work an average of at least 20 hours per week with at least 3 hours of leave in any 12-month period for donating blood. Employees must provide advance notice of their intention to avail themselves of this leave. The statute, effective December 13, 2007, does not specify whether such leave must be paid.

Employers should ensure their employment practices and policies comply with all applicable laws. Jackson Lewis attorneys are available to answer inquiries regarding obligations imposed on New York state employers and to assist employers in achieving compliance.

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