![]() In addition, an employee may need lactation accommodations to pump in circumstances in which they are not the parent of the child, for example, in the context of surrogacy. ![]() For example, in the context of adopting a newborn, parents may decide to induce lactation to breastfeed their newborn. An employee may pump at work regardless of whether they actually gave birth to their baby. Does an employee need to be the birthing parent to receive a lactation accommodation? ( See Question 17 discussing undue hardship.)Ħ. During the time it takes to respond to a request and/or engage in a cooperative dialogue to determine the accommodation, employers must provide a temporary accommodation to the employee so that the employee can pump in a manner that meets the employee’s immediate needs, unless doing so poses an undue hardship. Under no circumstances may an employer take more than five (5) business days to respond to a request for a lactation accommodation. How soon must an employer respond to a request for a lactation accommodation?Įmployers should respond to a request for a lactation accommodation as quickly as possible. ![]() All employees must be informed of their right to a lactation accommodation and the employer’s written policy on lactation accommodations upon being hired.ĥ. This may include communicating to the employer, orally or in writing, that they will need a lactation room or space, and/or scheduling adjustments to account for time to pump. Employees may also request a lactation accommodation at any time. When should discussions about lactation accommodations take place between an employer and employee?Īn employer should provide an employee with information about their right to lactation accommodations and information about the employer’s policy on lactation accommodations before an employee starts parental leave if possible. The “undue hardship” standard is described in further detail in Question 17 and is a high bar for employers to meet.Ĥ. If providing a lactation room or other accommodations requested by the employee would pose an undue hardship, the employer must engage in a cooperative dialogue with the employee to determine what alternative accommodations may be available that meet the employee's needs. Employers must: (1) provide adequate time for employees to express breast milk during the workday (2) provide a lactation room with all of the components required by law and (3) have a written policy on lactation accommodations. There are three general requirements for employers related to lactation accommodations for employees. What are employers’ general obligations related to lactation accommodations for employees? Employers can use one of our model policies templates for their policy.ģ. Which employers are covered under the Law?Īll employers that have four or more employees must provide lactation accommodations for their employees, as well as a written policy stating that employees have a right to request a lactation accommodation and explaining the process for making a request. Employers may continue to have obligations under those laws even if the employer may be able to show an undue hardship under the NYC law.Īny employee who works in New York City for an employer with four or more employees.Ģ. New York State and federal law also require employers to provide accommodations for lactation. Administrative Code §8-107(22) Note: This document explains the requirements of the New York City Human Rights Law, relating to accommodations for lactation. Lactation Accommodations and Model Policy N.Y.C.
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