We’ve gathered the regulations surrounding lactation rooms in office workspaces. Read on to ensure your office building meets compliance.

The New York State (NYS) Labor Law was amended in January 2008 with the addition of 206-c, which addressed the issue of offices providing a space for nursing mothers to express breast milk. To further support the issue, federal law amended section 7 of the Fair Labor Standards Act through the passing of the Patient Protection and Affordable Care Act in March of 2010. The passing of both of these regulations have added the consideration of the concept of a wellness room into the design of offices.  

The Regulations

The NYS Regulations state that “the employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where an employee can express milk in privacy.”

“Reasonable efforts” means that the employer is expected to provide such space so long as not implementing such a space is not significantly impracticable, inconvenient, nor expensive for the employer to incorporate. However, the threshold to meet such factors has rightfully risen in the interest of public policy.

The Federal Regulations state that “an employer shall provide … a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”

There is, though, the following exception: “An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.”

Still, much like the state regulations, the federal regulations seek for all employers – regardless of size – to exhaust significant effort to provide these rooms in the interest of the public.

Both state and federal regulations do not provide a hardline rule stating exactly what “close proximity” may be nor an exact number of rooms. It is understood that a wellness room may not be private if in close proximity to a work area, hence the “reasonable efforts” standard. Employers and work spaces are expected to comply with the legislation by providing at least one wellness room if 50 or more employees are employed. If fewer than 50 employees, the exception could exempt an employer from incorporating a wellness room, but only if such room would impose an undue hardship to the employer. 

The Bottom-Line 

The reality of the legislation, state and federal, is it encourages all employers to incorporate a wellness room in their office layout and it is trending to become a common amenity in not only office spaces, but incorporated into building common areas and shared office layouts. For businesses, developers, architects, and landlords alike, best practice would be to consider including at least one such room in the planning phase.

For additional guidance on meeting state and federal regulations for your commercial office building, please contact Milrose.