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Breastfeeding 1-2-3

New York Law Protects Nursing Mothers in the Workplace

by Angela White, J.D., breastfeeding counselor on August 23rd, 2007

Yesterday New York Governor Eliot Spitzer signed into law the “Nursing Mothers in the Workplace Act” which had been unanimously approved by the New York Assembly and Senate. According to the governor’s press release:

The legislation requires employers to provide uncompensated time, and make a reasonable effort to provide private space for women to express milk or nurse their children for a period of up to three years following the birth of a child. In addition, it also bars an employer from discriminating against an employee exercising this right.

The law takes immediate effect.

Assemblywoman Roann Destito pushed for the legislation after a young mother in her district was fired for expressing breast milk for her child. As Liz Watson of the New York City Bar Association’s Sex and Law Committee said:

This law is a win-win for businesses and families. Businesses win because employees who are new parents will miss work less often and have lower health care costs because breastfed babies are healthier. Families win because mothers will not have to quit breastfeeding when they return to work. The New York City Bar Association applauds Governor Spitzer, Senator Flanagan, Assemblywoman Destito and the mothers around New York State for their work to pass this important legislation that will benefit New York’s children.

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POSTED IN: breastfeeding, law, pumping

3 opinions for New York Law Protects Nursing Mothers in the Workplace

  • Kelli
    Aug 23, 2007 at 12:10 pm

    Awesome!

    The only thing that still disappoints is that the time is uncompensated. When I was in the professional world, I had SO many co-workers who took easily 60 minutes worth of total smoke breaks a day. (and as a former youthful smoker myself, I know exactly how long it takes to go have “just one smoke” ahem)

  • Angela White, J.D., breastfeeding counselor
    Aug 23, 2007 at 3:53 pm

    Kelli, that’s so true! It would be nice if every company offered paid breaks and let people choose to use them as they liked, including for pumping (as long as those breaks were long enough to do so). It really bugged me when I worked for one employer who happened to be a smoker himself — the other smokers went out and “bonded” with him over a smoke. Wasn’t enough to convince me to light up though!

  • Jill
    Aug 24, 2007 at 6:52 pm

    I agree with the comment about smoking - I’ve never understood why someone could possibly justify getting more time out of his or her work day than someone else because of a “physical need” to smoke. I’m a happier and calmer person during the day if I take a 15 minute break (or several!) to read or take a walk, too, but I don’t feel entitled to it! I suppose the same argument might be made for breastfeeding in that coworkers shouldn’t have to cover workloads during others’ breaks without similar compensation, but I think employers would be very smart to allow flexible time in a workday (perhaps giving lengthier breaks during a day for “personal time”, whatever that might mean to the individual - breastfeeding, smoking, exercising, taking an educational class) and extending the length of the workday by an hour or so to allow for it. So many jobs could be efficiently accomplished and companies could keep valued employees longer if flexibility were built into the work schedule.

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