New York State law entitles an employee who has recently given birth to take unpaid breaks for the purpose of expressing breast milk for her nursing child for up to three (3) years following child birth.
The unpaid breaks shall generally be no less than twenty (20) minutes in duration, and the nursing mother shall be entitled to take an unpaid break for this purpose every three (3) hours if requested. The employee is also entitled to work additional time before or after the school day to make up for the unpaid break time. Otherwise, the break time shall be deducted from the employee's regular schedule and her paycheck will be pro-rated accordingly. It will be the employee's responsibility to inform her principal of the schedule for the unpaid breaks and if the time will be made up or deducted from her paycheck.
The amended legislation also requires that the school district make reasonable efforts to provide a room or other location where the nursing mother can express milk in privacy. Nursing mothers may refrigerate expressed breast milk in the school nurse's refrigerator, provided that the container to be used is clearly marked with the employee's name and provided that the breast milk is removed from the refrigerator each afternoon by the end of the work day.
If you plan on utilizing this benefit, please contact your school principal so that arrangements can be made to discreetly accommodate your needs with respect for your privacy. You may also contact the Office of Human Resources with any questions: (845) 858-3100
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