Under New York State guidelines regarding the rights of nursing mothers to express breast milk in the workplace, the employer must:
- Make reasonable efforts to provide a dedicated, private room or other location, in close proximity to the work area, where an employee can express milk in privacy.
- Ensure that the room or other location shall not be open to other individuals frequenting the business, whether as employees, customers, or other members of the public.
- Ensure that the room or location be in walking distance, and the distance to the location should not appreciably lengthen the employee’s break time.
- Ensure that the room or location provided is not a restroom or toilet stall.
- Ensure that the room or location has a door equipped with a functional lock. If a door with a functional lock is not available ( for example, if the location is a fully enclosed cubicle), as a last resort an employer must utilize a sign advising the room or location is in use and not accessible to other employees or the public.
- Ensure that the room or other location be well lit at all times through either natural or artificial light. If the room has a window, it shall be covered with a curtain, blind, or other covering to ensure privacy.
- Ensure that the room or other location, at a minimum, contains a chair and small table, desk, counter, or other flat surface. It is recommended to also provide an electrical outlet, have a clean water source in or nearby, and access to refrigeration to store expressed milk. However, it is the employee’s responsibility to insure the safekeeping of the expressed milk, not the employer.
- Ensure that in situations where a dedicated lactation room or other location under these guidelines cannot be provided, the use of a vacant office or other room be made available on a temporary basis for the expression of breast milk, provided the room is not accessible to the public or other employees while the nursing employee is using the room for expression purposes.
- Maintain the cleanliness of the room or location.
- Report cleanliness issues to building maintenance, and the building’s manager.
- Report non-compliance to Office of Employee Relations and DOE moms
These guidelines apply to individuals directly employed by the NYC DOE, as well as employees of NYC DOE vendors or companion city agencies. All individuals working in any DOE school, office, or building are to receive equal accommodation.