Laws and Legislation

NYS Laws, Regulations and Policies that Promote, Support or Protect Breastfeeding

Right to Breastfeed in Public 

N.Y. Penal Law § 245.01 et seq. (1984) excludes breastfeeding of infants from exposure offenses.

N.Y. Civil Rights Law § 79-E (1994; NY was first state to pass Civil Rights Law) permits a mother to breastfeed her child in any public or private location, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother’s breast is covered during or incidental to the breast feeding.

NY Hospitals required to support breastfeeding

N.Y. Public Health Law § 2803-n (1996) requires a general hospital that provides maternity care to include, at minimum, assistance and training in breast or bottle feeding.

NY Perinatal Regulations 

Title 10 Codes, Rules and Regulations of the State of New York (NYCFF), Sections 405.21, 721, 754 and 795 (amended multiple times).  Title: Section 405.21 - Perinatal services | New York Codes, Rules and Regulations (ny.gov)   

Title 10, NYCRR, Section 12.3 (Amended 2014).  Title: Section 12.3 - Precautions to be observed for the prevention of hemorrhagic diseases and coagulation disorders of the newborn and infants related to vitamin K deficiency | New York Codes, Rules and Regulations (ny.gov)

Extended the time window for the administration of vitamin K to newborn infants to within six hours of birth to be consistent with current standards of medical care. 

NY Hospitals -  Maternity Information Leaflet; includes hospital Breastfeeding rates

NY PHL 2803-j (amended) to require hospitals to publicly report Breastfeeding (Any, Exclusive, Formula Supplementation) during birth hospitalization (or first 5 days). Yearly summary posted on Website (see below).

• Maternity Information - Childbirth Services (ny.gov)
• N.Y. Public Health Law § 2803-j

• New York State Department of Health: Maternity (ny.gov)
• Fed Any Breast Milk
• Fed Exclusively Breast Milk (ny.gov)

Breastfeeding Mothers Bill of Rights; amended to include worksites and childcare

N.Y. Public Health Law § 2505 (1980) provides that the Maternal and Child Health commissioner has the power to adopt regulations and guidelines including, but not limited to donor standards, methods of collection, and standards for storage and distribution of human breast milk.

N.Y. Public Health Law § 2505-A (2009) creates the Breastfeeding Mothers Bill of Rights and requires it to be posted in a public place in each maternal health care facility. The commissioner must also make the Breastfeeding Mothers Bill of Rights available on the health department's website so that health care facilities and providers may include such rights in a maternity information leaflet. Breastfeeding Mothers' Bill of Rights (ny.gov)

Health Insurers required to cover infant feeding education including lactation counseling

NY SB 6952 (2019) relates to lactation counseling services when such services are ordered by a physician, physician assistant, nurse practitioner or midwife.

N.Y. Insurance Law § 3221 (2002), § 3216 (1996) and § 4303 (1996) require certain health plans to provide coverage for assistance and training in breast or bottle feeding and pasteurized donor human milk.

N.Y. Public Health Law § 2505 (1980) provides that the Maternal and Child Health commissioner has the power to adopt regulations and guidelines including, but not limited to donor standards, methods of collection, and standards for storage and distribution of human breast milk.

Nursing Mothers in Correction Facilities

Right to have child with her for one year. 

N.Y. Correction Law § 611 (2009) allows a mother of a nursing child to be accompanied by her child if she is committed to a correctional facility at the time she is breastfeeding. This law also permits a child born to a committed mother to return with the mother to the correctional facility. The child may remain with the mother until one year of age if the woman is physically capable of caring for the child.

Jury Duty: May delay if breastfeeding for up to 2 years

N.Y. Judiciary Law § 517 (2019) amends the Judiciary Law, provides an exemption from jury duty for breastfeeding women, allows that such breastfeeding mother’s jury duty shall be postponed up to a certain period after the date on which such service otherwise to commence.

Lactation Rooms in NYS Public Buildings Law

N.Y. Public Buildings Law § 144 (2018) requires that a covered public building shall contain a lactation room that is made available for use by a member of the public to breastfeed or express breast milk.

Lactation Rooms in NY Airports

Provision of lactation accommodations in airports Law (2021).  NY State Senate Bill 2021-S3866 (nysenate.gov)  Amends PHL to require NY airports to provide a private lactation space for parents to breastfeed /nurse/pump behind the airport security screening area.:

Federal Legislation:

• S.1110 - 115th Congress (2017-2018): Friendly Airports for Mothers Act of 2017 | Congress.gov | Library of Congress) (large and medium hub airports)
• S.2638 - 116th Congress (2019-2020): Friendly Airports for Mothers Improvement Act | Congress.gov | Library of Congress (small hub airports)

NYS Labor Law- Nursing Mothers in Workplace (2007); amended: Nursing Employees Expressing Breast Milk in Workplaces (2022)

Governor Hochul Reminds New Yorkers That New Law Requiring Paid Break Time for Breast Milk Expression Takes Effect Starting June 19, 2024

N.Y. Labor Law § 206-C (2007) states that employers must allow breastfeeding mothers reasonable, unpaid break times to express milk and make a reasonable attempt to provide a private location for her to do so.  Prohibits discrimination against breastfeeding mothers.

Senate Bill S4844B amended Labor Law (2022): 

Expressing Breast Milk in the Workplace | Department of Labor (ny.gov)

Policy on the Rights of Employees to Express Breast Milk in the Workplace (ny.gov)

NYS Paid Family Leave 

New York State Paid Family Leave (ny.gov)

Paid leave for employee

• Up to 12 weeks at 2/3 average weekly wage (capped at state AWW) to
• To Bond with Newborn, or newly adopted or foster child (within one year)
• To care for a close relative with serious illness
• For certain exigencies associated with Military deployment abroad of close relative

NYS Other Paid Leave

Paid Family Leave and Other Benefits | Paid Family Leave (ny.gov)

Temporary or Short-term Disability for employee

• Up to 4 weeks before due date plus 6 weeks postpartum for Vaginal birth or 8 weeks postpartum for a Cesarian Section birth; Up to 26 weeks total if necessary awith physician’s note

Report on Breastfeeding Disparities in NYS

NY SB 1296 (2021) requires the department of health of the state of New York to conduct a review of the effects of racial and ethnic disparities on breastfeeding rates and prepare and submit a report to the Governor and the legislature.

Resources

Breastfeeding State Laws (ncsl.org)

Breastfeeding Laws by State - FindLaw

NYS Medicaid

NYS Medicaid covers Group and Individual Breastfeeding Education/Counseling-Prenatal and Postpartum. (MRT proposal and 1115 waiver; 2013). 

List of lactation providers covered by NYS Medicaid (Legislation; Expanded 2022) 

New York State Medicaid Update - June 2022 Volume 38 - Number 7 (ny.gov)

NYS Medicaid Coverage of Lactation Counseling and Breast Pumps

        Health Insurance Coverage of Lactation Support and Breast Pumps (ny.gov)

NYS Developed Minimum Standards for Breast Pumps (Manual and Electric) -- 2013.  

    New York State Minimum Breast Pump Specifications for Medicaid Reimbursement (ny.gov)

Pharmacy_Procedure_Codes.pdf (emedny.org)  (Page 8-10)

NYS Medicaid Perinatal Standards (Revised 2022)

New York State Medicaid Update - June 2022 Volume 38 - Number 7 (ny.gov)

Medicaid Perinatal Care Standards (ny.gov)

NYS Medicaid Reimbursement for Pasteurized Donor Human Milk (PDHM) (2017)

N.Y. Social Services Law § 365-a (2018) includes pasteurized donor human milk, which may include fortifiers as medically indicated for inpatient use, under standard coverage for medical assistance for needy persons under certain conditions.

NYS Medicaid Update:  jul17_mu.pdf (ny.gov)

PDHM is covered for infants who:

• Have a documented birth weight of less than 1500 grams (3.3 pounds); or
• Have a congenital or acquired condition that places the infant at a high risk of developing necrotizing enterocolitis (NEC) and/or infection.

And have one or more of the following conditions:

• Medically or physically unable to receive maternal breast milk or participate in breast feeding; or
• Unable to participate in breast feeding despite optimal lactation support; or
• Born to mothers whose breast milk isn't suitable for consumption due to the presence of certain substances or disease; or
• In cases where the mother is medically or physically unable to produce maternal breast milk at all or in sufficient quantities.

NYS Medicaid Coverage Extended from 60 days to 12 months following pregnancy (1115 Waiver; 2023)

   New York State Medicaid Update - June 2023 Volume 39 - Number 11 (ny.gov)

Federal Laws

Affordable Care Act (ACA) Expands Access to Preventive Services for Women

As of August 1, 2011, the Department of Health and Human Services adopted additional Guidelines for Women's Preventive Services including support for breastfeeding equipment. 

Breastfeeding Support, Supplies, and Counseling: Pregnant and postpartum women have access to comprehensive lactation support and counseling from a trained provider, as well as breastfeeding equipment.

For other existing federal laws, see The United States Breastfeeding Committee (USBC) website at www.usbreastfeeding.org for more details.

• Fairness of Breastfeeding Mothers Act of 2019: The Act requires public buildings that contain a public restroom also provide a lactation room, other than a restroom to employees and visitors to federal facilities.
• Friendly Airports for Mothers (FAM) Act: All large- and medium-sized airports are required to provide a clean, private, non-bathroom space in each terminal for the expression of breast milk.  A baby-changing table is required in one men's and one women's restroom in each terminal building.
• Friendly Airports for Mothers (FAM) Improvement Act: On October 30, 2020, this law was signed extending the provisions of the FAM Act to small hub airports.  The law's requirements go into effect in 2023.
• Safe Medications for Moms and Babies Act as part of the 21st Century Cures Act: This act establishes a taskforce of federal and medical experts to advance research and information sharing on medication use during pregnancy and breastfeeding.
• TRICARE Moms Improvement Act as part of the National Defense Authorization Act: This Act provides coverage for breastfeeding support, supplies and counseling as preventive services for military families under TRICARE.
• Bottles and Breastfeeding Equipment Screening (BABES) Act: The TSA is required to provide ongoing training to ensure its officers enforce TSA Special Procedures related to breast milk, formula and infant feeding equipment across all airport security checkpoints.

Summary of State Paid Family Leave Policies

As of September 2020: The U.S. Chamber of Commerce released an issue brief titled "Summary of paid family leave laws in the states."  The publication includes key information on state paid family leave legislation including funding, benefits, and qualifications.

Get Help

If you think your rights are violated or if you have been harassed while breastfeeding in a public establishment, contact the New York Civil Liberties Union (NYCLU). You are encouraged to contact the owner or manager of the business to notify them of your legal rights and to demand an apology and other measures to rectify the situation. 

Should you need further assistance, or if you have experienced problems with breastfeeding in any other context, phone (212) 607-3300.

See: www.nyclu.org/issues/rrp for information on The Reproductive Rights Project.