In compliance with New York State Labor Law Section 206(c) and
Section 21.12 of the New York State Department of Civil Service
Attendance and Leave Manual, the College shall provide reasonable
unpaid break time or permit an employee to use paid break time
or meal time each day to allow an employee to express breast
milk for her nursing child for up to three years following child
birth. The College 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.
Using Existing Meal Periods and Paid Rest Breaks
The College is required to permit nursing mothers to express
breast milk during their meal period and/or paid rest breaks if
the employee elects to utilize meal periods and/or paid rest
breaks for this purpose. However, an employee cannot be required
to use meal periods and/or paid rest breaks for this purpose and
may elect to express breast milk at other reasonable times
during the work shift.
The policy does not authorize the granting of additional paid
break time beyond that already provided by the employer.
Using Unpaid Break Time
Employees may elect to use the unpaid break time instead of or
in combination with meal periods and/or paid rest breaks.
Consistent with State policy on use of leave credits, employees
must be permitted to charge appropriate leave credits (credits
other than sick leave) during the unpaid breaks.
While the statutory benefit is available to employees within
their basic workweek as well as during any additional time
worked, including overtime shifts, employees are not permitted
to charge leave credits outside their basic workweek. Use of
unpaid break time outside the basic workweek does not impact
eligibility to earn bi-weekly leave credits.
Eligibility to Earn Leave Credits under the Attendance Rules
Employees who use unpaid break time and do not charge credits
during such unpaid break time may be ineligible to earn
bi-weekly leave credits.
The Attendance Rules require an employee to be in full pay
status for seven separate full days out of ten in a bi-weekly pay
period in order to earn bi-weekly leave credits (or a
proportionate number of days for employees scheduled to work
fewer than ten days in a bi-weekly pay period). A day on which an
employee takes an unpaid break for this purpose, and doesnít
charge leave credits during that break, does not count as a day
in full pay status for purposes of earning leave credits.
- Employees are required
to make advance arrangements to utilize this benefit.
Consultation with their supervisor and Jamie Warnes, Human
Resource Management, should occur prior to a nursing motherís
return to work from maternity / child care leave.
- Employees are not entitled to absent themselves from their
work stations for this purpose without prior approval. Prior
approval is normally obtained at the time the initial
arrangements are made and a schedule is agreed upon. When an
employee needs to change a previously agreed upon schedule, the
employee must obtain approval to do so.
- Employees can be required to postpone a scheduled time to
express milk for a brief period of time if they cannot be
- Time required to express breast milk includes the time
required for the nursing mother to reach and return from the
location identified by the agency for expressing milk.
- The amount of time needed to express breast milk may vary and
there is no set limit on the number of breaks provided per day.
They must, however, be reasonable and approved by the
- The benefit is available to employees within their basic
workweek as well as during any additional time worked, including
- An employee who wishes to avail herself of this benefit is
expected to give her supervisor reasonable notice and Jamie
Warnes, Human Resource Management, so that a schedule can be arranged and
a location identified. Normally, this consultation will take
place prior to a nursing motherís return to work from maternity
/ child care leave. It is also expected that an employee will
provide her agency notice when time for expressing breast milk
is no longer required. In no event is the benefit available
beyond three years from the date of birth of the child.
Please direct any questions to
Jamie E. Warnes,
Human Resource Management,