Long before the enactment of the federal Americans with Disabilities Act in 1990, New York law prohibited discrimination against disabled employees and required employers to provide a reasonable accommodation to allow them to perform the essential job functions. However, many courts had determined that pregnancy alone was not a disability entitled to an accommodation.
Thus, in 2016, New York amended its Human Rights law to require that employers of four or more employees treat pregnancy-related conditions as a temporary disability and provide employees with a medical condition related to pregnancy or childbirth a reasonable accommodation. However, it wasn’t until the Pregnant Workers Fairness Act (PWFA) was signed into law by President Joe Biden on December 29, 2022, that federal law followed suit. The PWFA, applicable to employers with at least 15 employees, is effective June 27, 2023.
In a similar vein, since 2007 New York law has required employers to accommodate nursing women who wish to express milk during the workday. Federal law followed suit in 2010 and was recently expanded under the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act). Effective immediately, the law requires employers to provide all employees who are nursing with reasonable time and private space (other than a bathroom) to express breast milk.
The space must be shielded from view and intrusion from coworkers and the public and include seating, a working space, and nearby access to running water (electric and refrigeration is encouraged). Employers must implement a written policy regarding breastfeeding in the workplace. New York employers must allow nursing mothers at least 20 minute breaks once every three hours to pump breast milk for up to three years following the birth of the child. If the employee is completely relieved of all duties, the break is unpaid.
Ralph A. Somma is a New York employment lawyer who represents and advises clients on all workplace issues.
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About the Author: Ralph A. Somma
Ralph A. Somma is an experienced employment lawyer from Long Island, New York who has been precticing labor & employment law exclusively for 30 years.
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