The Erie County Department of Health (ECDOH) is committed to promoting and protecting a parent’s right to breastfeed/chestfeed their child for as long as they choose. Doctors recommend exclusive breastfeeding/chestfeeding for at least 6 months for the optimal health of a parent and their child. New York State Labor Law (Section 206-c) requires employers to provide reasonable time for an employee to express milk during the work period as well as private space (not a restroom) that is free from intrusion by co-workers and the public. These provisions must be accommodated for up to three years after the birth of the child.
In order for a worksite to be designated as a "Breastfeeding, Chestfeeding and Lactation Friendly Worksite" by the ECDOH, the worksite must meet the minimum requirements below. Additionally, the ECDOH recommends that worksites strive to achieve as many of the elements as possible that are in the additional accommodations section below.
The ECDOH provides technical assistance to worksites to help them obtain the designation of a breastfeeding, chestfeeding and lactation friendly worksite. For more information, please call 716-858-4752.
Accommodations by Employer
Minimum Requirements Set by NYS Labor Law Section 206-C:
- A private room or other location (that is not a restroom or toilet stall) close to the employee’s work area, well-lit and shielded from view.
- The room or private location may be locked from the inside or has a sign warning the location is in use and not accessible to others.
- The room or other location contains a chair, small table or other flat surface and nearby access to clean, running water.
- If worksite has electricity, nearby access to an electrical outlet.
- If the worksite has refrigeration, access to a refrigerator where employees can store expressed milk.
- Lactation accommodation policy is provided to each employee upon hire and annually thereafter, and to employees upon returning to work following the birth of a child.
- An employee is provided 30 minutes of paid break time and permitted to use existing paid break or mealtime, if additional time is needed, to express milk for their child each time the employee has a reasonable need to express milk for up to 3 years following the birth of a child.
- Lactation accommodation policy includes language that protects employees from discrimination and retaliation if they choose to express milk at the worksite or who files a complaint with the Department of Labor.
- Resources on breastfeeding/chestfeeding are available.
- Company support from supervisors and co-workers.
Additional Accommodations:
- Worksite offers work schedule flexibility and allows employees to schedule breaks and work patterns to provide time to breastfeed/chestfeed or express milk during the workday.
- Worksite allows breastfeeding/chestfeeding employees to bring their children to work and are encouraged/allowed to breastfeed/chestfeed on demand.
- Worksite allows caregiver to bring children to employee for feedings.
- Designated space offers dividers for multiple employees to feed at the same time.
- Worksite has a designated storage refrigerator for expressed milk.
- On-site childcare is provided with accommodations for breastfeeding/chestfeeding.
- Worksite has hospital-grade pump available to employees.
- Worksite subsidizes the cost of attachment kits for hospital-grade pump.
- Worksite pays for electric pump for breastfeeding/chestfeeding parent.
- Worksite’s health insurance plan provides coverage for breastfeeding/chestfeeding services and/or equipment.
Breastfeeding, Chestfeeding and Lactation Friendly Worksites
List of worksites that have been designated as Breastfeeding, Chestfeeding and Lactation Friendly.
Related Information
- Breastfeeding, Chestfeeding and Lactation Friendly Erie County
- Lactation Support Groups
- Breastfeeding, Chestfeeding and Lactation Resources
Program Contact
Office of Health Equity
95 Franklin Street
Buffalo, NY 14202
Phone: 716-858-4752
Email: healthequity@erie.gov