S T A T E O F N E W Y O R K
________________________________________________________________________
9987--A
I N A S S E M B L Y
March 4, 2020
___________
Introduced by M. of A. PAULIN, CRUZ, JOYNER, SIMON, BARRON, BLAKE,
EPSTEIN, GOTTFRIED, HYNDMAN, LENTOL, McMAHON, MOSLEY, NIOU, SAYEGH,
SIMOTAS, LAWRENCE, MORINELLO, ASHBY, McDONOUGH -- Multi-Sponsored by
-- M. of A. TAGUE -- read once and referred to the Committee on Labor
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the labor law, in relation to expanding the rights of
nursing mothers to express breast milk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 206-c of the labor law, as added by chapter 574 of
the laws of 2007, is amended to read as follows:
§ 206-c. Right of nursing mothers to express breast milk. 1. An
employer shall provide reasonable unpaid break time or permit an employ-
ee to use paid break time or meal time [each day] to allow an employee
to express breast milk for her nursing child EACH TIME SUCH EMPLOYEE HAS
REASONABLE NEED TO EXPRESS BREAST MILK for up to three years following
child birth. [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.] No employer shall discriminate in
any way against an employee who chooses to express breast milk in the
work place.
2. (A) UPON REQUEST OF AN EMPLOYEE WHO CHOOSES TO EXPRESS BREAST MILK
IN THE WORKPLACE, AN EMPLOYER SHALL DESIGNATE A ROOM OR OTHER LOCATION
WHICH SHALL BE MADE AVAILABLE FOR USE BY SUCH EMPLOYEE TO EXPRESS BREAST
MILK. IF THE SOLE PURPOSE OR FUNCTION OF SUCH ROOM OR OTHER LOCATION IS
NOT DEDICATED FOR USE BY EMPLOYEES TO EXPRESS BREAST MILK, SUCH ROOM OR
OTHER LOCATION SHALL BE MADE AVAILABLE TO SUCH AN EMPLOYEE WHEN NEEDED
AND SHALL NOT BE USED FOR ANY OTHER PURPOSE OR FUNCTION WHILE IN USE BY
SUCH EMPLOYEE. EMPLOYERS SHALL PROVIDE NOTICE TO ALL EMPLOYEES AS SOON
AS PRACTICABLE WHEN SUCH ROOM OR OTHER LOCATION HAS BEEN DESIGNATED FOR
USE BY EMPLOYEES TO EXPRESS BREAST MILK.
(B) SUCH ROOM OR OTHER LOCATION SHALL BE A PLACE, OTHER THAN A BATH-
ROOM THAT IS: (I) IN CLOSE PROXIMITY TO THE WORK AREA; (II) SHIELDED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15399-04-0
A. 9987--A 2
FROM VIEW; AND (III) FREE FROM INTRUSION FROM OTHER PERSONS IN THE WORK-
PLACE OR THE PUBLIC. SUCH ROOM OR OTHER LOCATION SHALL PROVIDE, AT MINI-
MUM, A CHAIR, A WORKING SURFACE, NEARBY ACCESS TO RUNNING WATER AND, IF
THE WORKPLACE IS SUPPLIED WITH ELECTRICITY, AN ELECTRICAL OUTLET.
3. WHERE COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS
SECTION IS IMPRACTICABLE BECAUSE IT WOULD IMPOSE AN UNDUE HARDSHIP ON
THE EMPLOYER BY CAUSING SIGNIFICANT DIFFICULTY OR EXPENSE WHEN CONSID-
ERED IN RELATION TO THE SIZE, FINANCIAL RESOURCES, NATURE, OR STRUCTURE
OF THE EMPLOYER'S BUSINESS, SUCH EMPLOYER SHALL MAKE REASONABLE EFFORTS
TO PROVIDE A ROOM OR OTHER LOCATION, IN CLOSE PROXIMITY TO THE WORK
AREA, WHERE AN EMPLOYEE CAN EXPRESS BREAST MILK IN PRIVACY. PROVIDED,
HOWEVER, NOTHING IN THIS SUBDIVISION SHALL OTHERWISE EXEMPT AN EMPLOYER
FROM THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
4. EMPLOYERS SHALL DEVELOP AND IMPLEMENT A WRITTEN POLICY REGARDING
THE RIGHTS OF NURSING MOTHERS TO EXPRESS BREAST MILK IN THE WORKPLACE
PURSUANT TO THE PROVISIONS OF THIS SECTION. SUCH POLICY SHALL BE
DISTRIBUTED TO EACH EMPLOYEE UPON HIRE AND ANNUALLY THEREAFTER. SUCH
POLICY SHALL:
(A) INFORM EMPLOYEES OF THEIR RIGHTS PURSUANT TO THIS SECTION;
(B) SPECIFY THE MEANS BY WHICH A REQUEST MAY BE SUBMITTED TO THE
EMPLOYER FOR A ROOM OR OTHER LOCATION FOR USE BY EMPLOYEES TO EXPRESS
BREAST MILK; AND
(C) REQUIRE THE EMPLOYER TO RESPOND TO SUCH REQUEST WITHIN A REASON-
ABLE TIMEFRAME, BUT NOT TO EXCEED FIVE BUSINESS DAYS.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.