Your Rights to Breastfeed, Chestfeed, and Express Milk

New York State (NYS) has laws to protect and support breastfeeding and chestfeeding. This webpage covers these three topics:

  • Your rights to breastfeed, chestfeed, or pump milk in any setting, whether public or private.
  • Your rights as a lactating parent when going back to work and important information to know about NYS Labor Law Section 206-c.
  • Your rights as a pregnant or postpartum parent in hospitals and clinics.

Inclusive Language Statement

DOH seeks to support diversity and inclusion in infant human milk feeding. Throughout this website, several terms - breastfeeding, chestfeeding, nursing, and lactating – are used to describe feeding human milk. Some of the affiliated links may contain gendered language.

You Have the Right to Breastfeed or Chestfeed in Any Public or Private Location

NYS Civil Rights Law provides a parent the right to breast/chestfeed their baby in any location, public or private, where the parent is otherwise allowed to be, whether or not the nipple of the breast or chest is covered during breastfeeding or chestfeeding.

How to file a civil rights complaint through the Office of the Attorney General:

  • Attorney General New York complaint number: 1-800-771-7755
  • Submit a complaint using their Online Form

You Have the Right to Express Breast and Chest Milk at Work

NYS Labor Law provides parents the right to express milk or pump at their workplace up to three years following the birth of their baby. Beginning June 19, 2024, NYS Labor Law Section 206-c provides all employees with the right to paid break time to express breast and chest milk in the workplace regardless of the size of their employer or the industry they work in.

What You Need to Know: New York Labor Law Section 206-c

Taking paid break time to express milk at work:

  • By law, employees are entitled to 30 minutes of paid break time to express milk at work.
  • Paid break time for milk expression is in addition to any mealtime or any other existing paid break time you are entitled to. Employers cannot take away or reduce the amount of other paid break time you are entitled to. Employees may also use regular paid break or mealtime to pump breast milk or chest milk at work if they choose.
  • The number of breaks is unique to each employee based on their unique needs. Your employer must accommodate you whenever you reasonably need to express milk at work.
  • Employees are not required to make up the time they use for paid breast and chest milk expression breaks. Employers are prohibited from requiring you to work before or after your normal shift to make up for any paid break time you take to pump breast milk or chest milk.
  • Employees are not required to complete work tasks while expressing breast milk or chest milk. Employees may voluntarily decide to complete work tasks while expressing milk but are not required to.
  • Employees may take paid break time for milk expression up to three years following the birth of a child.
  • All employees must receive notice of this right when they are hired as well as when they retuning to work following the birth of a child.

The space where you pump breast milk at work must:

  • Be a private room or other location close to your work area. The space cannot be open to other employees, customers, or members of the public when you are using it to express milk.
    • Employees are not required to pump in designated pumping spaces. However, employers must still provide a space that allows for privacy, regardless of if the employee choses to use it.
    • The space cannot be a restroom or toilet stall. If your employer can't provide a dedicated lactation room, a temporarily vacant room may be used instead. As a last resort, a cubicle can be used, but it must be fully enclosed with walls at least seven feet tall.
  • Have a door with a functional lock, or in the case of a cubicle, a sign warning the location is in use and not accessible to others. If there are windows in the space, they should be covered.
  • Contain a chair and small table or other flat surface.
  • Be well lit.
  • Provide an electrical outlet (if the workplace has electricity).
  • Be close to accessible, clean water.

If the workplace has a refrigerator, you must be allowed to use it to store milk if desired.

Returning to work and expressing milk:

  • Employees are required to notify their employer in writing in advance if they plan to pump breastmilk in the workplace, preferably before returning to work from maternity leave.
  • The request should be sent to your direct supervisor or staff member designated by your employer to handle such requests.
  • The written notification can be sent through email, text message, written correspondence or any chat-based app regularly used by the organization for correspondence that allows for the retention of messages.
  • The notification should include details about how many breaks to express milk you anticipate needing during the work day and any preferred times to express

File a complaint

  • File a complaint with the NYS Department of Labor (NYSDOL) Division of Labor Standards.
  • You may call NYSDOL at 1-888-52-LABOR, email to LSAsk@labor.ny.gov, or come to the nearest Labor Standards office to file a complaint. A list of offices is available at Contact Division of Labor Standards | Department of Labor
  • These complaints are confidential. NYSDOL will not tell your employer a complaint has been filed against him or her.
  • Your employer may not discriminate or retaliate in any way against you or any other employee who chooses to pump breast milk in the workplace or who files a complaint. If this happens, contact NYSDOL immediately.

Resources for Employees

Resources for Employers

Support and technical assistance are available at no-cost for worksites in select communities to implement practices and policies supportive of breastfeeding and chestfeeding employees! Learn more about Breastfeeding, Chestfeeding, and Lactation Friendly New York (BFFNY), 2023-2028.

Your Rights as a Pregnant or Postpartum Parent in Hospitals and Clinics

The Breastfeeding Mothers' Bill of Rights requires health care providers and hospitals providing maternity care services to inform expectant and new parents of their rights in support of breast/chestfeeding.

Maternity Information: Childbirth Services: NYS Public Health Law requires each hospital to provide information about its childbirth practices and procedures. This information can help you better understand what to expect, learn more about childbirth choices, and plan for baby's birth.

Complaints about NY Hospitals and Diagnostic and Treatment Centers: To make a complaint, call the toll-free number at 1-800-804-5447, or print and complete the Health Facility Complaint Form.

Additional Protections

N.Y. Correction Law § 611 (2009):

  • A parent who is nursing a child under one year of age when committed to a correctional facility is allowed to be accompanied by the child.
  • A parent who has a child born when they are committed is allowed to have the child with them in the correctional facility up to one year.

N.Y. Judiciary Law § 517 (2019) provides an exemption from jury duty for breastfeeding people.

Learn more about existing federal laws that support breastfeeding and chestfeeding families.