2025-120 (2)TOWN OF WAPPINGER
Policy Relating to Nursing Mothers Expressing Breast Milk in the
Workplace
Revision Date:
May 22, 2025
Section 1: Policy
In accordance with NY Labor Law §206-c (and to some extent the federal PUMP Act), it
is the policy of the Town of Wappinger (the "Town") to provide employees of the Town that are
nursing mothers with paid break time to express breast milk when they have a reasonable need to
do so. Eligible employees will also be provided with a private room or location during the eligible
period upon written request. This policy will enumerate the eligibility requirements for paid leave
time for a qualifying purpose, the benefits provided, and the applicable procedures that are to be
utilized when requesting use of the rights discussed herein.
Section 2: Eligibility
An employee of the Town, who during the period of the applicable request is nursing their
child, will be eligible for the benefits provided under this policy regardless of date of hire or
employment classification. Eligibility under this policy extends for three -years from the date of
birth of the nursing child.
Section 3: Benefits Provided
When providing these benefits does not impose an undue hardship for the Town (in which
case reasonable efforts will be made to seek an alternative), this policy provides eligible employees
the following benefits:
1) Thirty (30) minutes of paid break time while on duty with the Town to express breast
milk for their nursing child each time the employee has a reasonable need to express
breast milk. Employees will also be permitted to use other available paid break or meal
time for time needed in excess of the thirty minute break time provided by this policy.
Employees shall not be required to make up the break time that was utilized as a result
of expressing breast milk.
2) An employer -designated private room or location to utilize for the purpose of
expressing breast milk in the workplace. The room or private location will be
designated at the time of the request. The room shall not be a restroom or toilet stall.
The room or private location chosen will be:
• Well lit;
• In close proximity to the employee's work area;
• When possible, accessible through a door that can be locked by the employee;
• Shielded from view; and
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• Free from intrusion from other individuals in the workplace.
3) Amenities provided in the private room or location will include, at least:
• A chair;
• A working surface;
• When the location or room used has windows, curtains or blinds;
• Nearby access to clean running water; and
• If the workplace of the employee is supplied with electricity, an electrical outlet.
4) If refrigeration is available, the employee will be provided access to refrigeration for
storage of expressed breast milk. Stored breast milk must be contained in closed
containers and brought home each night.
Section 4: Procedure
Employees who are interested in exercising their rights conferred by this policy and
applicable law must provide an advanced written request. The following procedures are to be
utilized when making a request to utilize the rights enumerated under this policy.
1) An employee seeking paid break time for the purpose of expressing breast milk for
their nursing child must make a written request to Human Resources that notifies the
Town of the need for break time during the eligible period. Such request should be
provided as soon as possible, preferably before the return of the nursing employee from
any leave time that was taken for the birth of the nursing child. The request should also
enumerate the date the employee will need to begin taking break time to express breast
milk.
2) The request will be responded to by the Town within five business days. In the response,
the employee will be notified of the private room or location designated by the
employer to be used for expression of breast milk. When determining the room or
private location to be designated, the requirements of the statute will be taken into
account, as well as the operational needs of the Town. The Town will strive to designate
a private room as the location to express breast milk, however it is not guaranteed one
will be available. If needed, a private area or cubicle (of seven feet in height with a
partition to enclose it) may be utilized. A private room may include a common room
that may be used for such break time by locking the door or limiting access of others
(by the Town notifying them and posting signs when being used for this purpose) to
that room while the employee is expressing breast milk. Should multiple employees
seek a location to express breast milk during the same period, the same location may
be utilized for both individuals to share at alternating times.
3) If a private room is not available at the time of the request, a designated private location
will be utilized and reasonable alterations to the area will be made in an attempt to
create additional privacy. In the event the location is at risk of being accessed by other
individuals, signs will be prepared to notify third parties that they are not to enter that
area when the sign is posted. Other employees will also be informed that a common
area is being utilized for the purpose of expressing breast milk and they will be notified
they are not to enter the designated area when signs are visible.
4) Should an employee wish for an alternate location or room, they may submit a written
request for an alternative location that explains the reason for the request to Human
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Resources. The Town will then notify the employee whether their request is granted or
whether the originally designated location will be utilized and if there are any
alterations that will be made to the location.
Section 5: Non -Discrimination or Retaliation
Employees that make use of this policy shall not be discriminated against or retaliated
against because of the exercise of their rights provided herein. Any employee who believes they
are being discriminated against or retaliated against for the use of this policy should report the
actions giving rise to such allegations to Human Resources, the employee's immediate supervisor,
or the Town Supervisor. Such complaints will be investigated in accordance with the Town's
policies.
Section 7: Notice
This policy shall be provided to every employee upon hire, upon their return from leave
due to childbirth, and annually.
Section 6: Conclusion
The rights discussed in this policy are available based on the eligibility requirements listed
above. Employees who are in need of an area to express breast milk for their nursing child are
encouraged to utilize this policy.
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