senate Bill S8258A

2019-2020 Legislative Session

Relates to expanding the rights of nursing mothers to express breast milk

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 28, 2020 print number 8258a
Sep 28, 2020 amend and recommit to labor
Apr 29, 2020 referred to labor

Co-Sponsors

S8258 - Details

See Assembly Version of this Bill:
A9987
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §206-c, Lab L

S8258 - Summary

Expands the rights of nursing mothers to express breast milk.

S8258 - Sponsor Memo

S8258 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8258
 
                             I N  S E N A T E
 
                              April 29, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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
 workplace.
   2. EMPLOYERS SHALL DESIGNATE A ROOM OR LOCATION THAT IS INTENDED TO BE
 USED FOR THE PRIMARY PURPOSE OF ALLOWING  EMPLOYEES  TO  EXPRESS  BREAST
 MILK. SUCH ROOM OR LOCATION SHALL NOT BE A BATHROOM AND SHALL BE HYGIEN-
 IC;  IN  CLOSE PROXIMITY TO THE WORK AREA; SHIELDED FROM VIEW; FREE FROM
 INTRUSION; AND SHALL CONTAIN A CHAIR, A  WORKING  SURFACE,  HAVE  NEARBY
 ACCESS  TO RUNNING WATER AND, IF THE BUILDING IS OTHERWISE SUPPLIED WITH
 ELECTRICITY, AN ELECTRICAL OUTLET.
   3. WHERE COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION TWO  OF  THIS
 SECTION  IS  IMPRACTICABLE  BECAUSE THE EMPLOYER DOES NOT HAVE A ROOM OR
 LOCATION THAT COULD BE REPURPOSED IN ACCORDANCE WITH SUBDIVISION TWO  OF
 THIS  SECTION  AND  THE  EMPLOYER  COULD  NOT  COME INTO COMPLIANCE AT A
 REASONABLE COST,  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. NOTHING IN THIS SUBDIVI-
 SION SHALL EXCUSE AN EMPLOYER FROM THE REQUIREMENTS OF  SUBDIVISION  ONE
 OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S8258A (ACTIVE) - Details

See Assembly Version of this Bill:
A9987
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §206-c, Lab L

S8258A (ACTIVE) - Summary

Expands the rights of nursing mothers to express breast milk.

S8258A (ACTIVE) - Sponsor Memo

S8258A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8258--A
 
                             I N  S E N A T E
 
                              April 29, 2020
                                ___________
 
 Introduced by Sens. MARTINEZ, MAY -- read twice and ordered printed, and
   when  printed  to  be committed 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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