The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1236
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, JOYNER, GOTTFRIED, CRUZ, SIMON, BARRON,
   EPSTEIN, HYNDMAN, McMAHON, NIOU, SAYEGH, MORINELLO,  ASHBY,  McDONOUGH
   --  Multi-Sponsored  by -- M. of A. TAGUE -- read once and referred 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02122-01-1

 A. 1236                             2
 
   (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-
 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.