Nursing Mothers in the Workplace Policy

Nursing Mothers in the Workplace Policy


Office of Human Resources


Affirmative Action Officer


Human Resources



Effective Date:


Implementation History:

Revised on July, 2017, August 2007, December 2012, January 2014


Lactation, Nursing Mothers, Expression of Breast Milk, Breast Feeding

Background Information:


The university adheres to the New York state labor, Section 206-c, which protects the rights of nursing mothers in the workplace and prohibits discrimination against nursing mothers who decide to express milk during the work day.



Section 206-c of the New York State Labor Law provides that nursing mothers shall receive reasonable unpaid break time or paid break or mealtime each day in order to express breast milk for their nursing children up to three years following childbirth.  Employers are to make reasonable efforts to provide a room or other location, in close proximity to the work area where an employee can express milk in privacy.  No employer may discriminate in any way against an employee who chooses to express breast milk in the workplace. 

  • Employees are required to give advance notice and make arrangements with their supervisor.  Such notice should be given prior to the employee’s return to work following the birth of a child in order to allow the employer an opportunity to establish a location. 
  • The amount of time needed to express breast milk may vary, and there is no set limit on the number of breaks per day.
  • The amount of time required to express breast milk includes the time required to reach and return from the location for expressing milk.
  • If supervisors have a complicated situation or need additional advice, they are encouraged to contact the Office of Human Resources.

Applicable Legislation and Regulations

New York State, Department of Labor, Section 206-C
The Nursing Mothers in the Workplace Act requires employers to provide a reasonable amount of unpaid break time each day to a nursing mother to express breast milk, or permit a nursing mother to use paid break time or meal time each day to express breast milk. This act was adopted to afford women the right to continue working, without being discriminated against, and not having to choose between work and providing breast milk for their children

Related References, Policies, Procedures, Forms and Appendices