Mothers' Rights to Breastfeed or Express Breast Milk
Mothers' Rights to Breastfeed in Public
Mothers have the right to breastfeed their children in any public or private location.
- N.Y. Civil Rights Law § 79-e
§ 79-e. Right to breast feed. Notwithstanding any other provision of law, a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether or not the nipple of the mother's breast is covered during or incidental to the breast feeding. - Civil Rights Complaints: How to file a civil rights complaint through the Office of the Attorney General.
Rights of Pregnant and Postpartum Women in Hospitals and Clinics
Choosing the way to feed a new baby is one of the most important decisions a mother can make in preparing for her infant's arrival. Breastfeeding is the normal choice for healthy mothers and babies. The Breastfeeding Mothers' Bill of Rights is intended to inform new mothers about their rights to breastfeed. Health care providers and hospitals providing maternity care services have a responsibility to inform mothers of their rights in support of breastfeeding.
- Breastfeeding Mothers' Bill of Rights (in English, Spanish and other languages)
- Perinatal Services Regulations: These NY regulations cover all hospitals and hospital-affiliated clinics providing maternity and newborn services ranging from preconception services to care during all stages of pregnancy, delivery, postpartum and newborn care.
- Complaints about New York State Hospitals and Diagnostic and Treatment Centers: State Health Department regulations allow individuals to register complaints with the Department about the care and services provided by hospitals and diagnostic and treatment centers. To initiate a complaint about a hospital or a diagnostic and treatment center, you may call the toll-free number at 1-800-804-5447, or you may print and complete the Health Facility Complaint Form.
Rights of Nursing Mothers Returning to Work
The "Making It Work Toolkit" is an online resource for breastfeeding mothers returning to work or school. The toolkit is designed to provide assistance to breastfeeding mothers as well as tools and information for businesses and families.
- Making It Work Toolkit: The toolkit is available online through breastfeedingpartners.org
- Learn More about the Rights of Nursing Mothers in the Workplace
- How to file a complaint with the New York State Department of Labor's Division of Labor Standards:
- All complaints are confidential. A filed complaint will not be shared with your employer. Call us at 1-888-52-LABOR, send to LSAsk@labor.ny.gov, or come in to the nearest Labor Standards office to personally file a complaint.
- A list of offices is available at: Division of Labor Standards District Offices
Hospital Maternity Practices
New York State's Maternity Information Law requires each hospital to provide information about its childbirth practices and procedures. This information can help you to better understand what to expect, learn more about childbirth choices, and plan for baby's birth.
- Maternity Information: Childbirth Services - The Maternity Information Leaflet is available in English, Spanish, and other languages.
- Complaints about New York State Hospitals and Diagnostic and Treatment Centers: How to file a hospital compliant.
