NY State Senate Bill S4844B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (26)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 09, 2022	signed chap.672
Dec 02, 2022	delivered to governor
May 03, 2022	returned to senate passed assembly ordered to third reading cal.521 substituted for a1236a
Mar 08, 2022	referred to ways and means delivered to assembly passed senate
Mar 02, 2022	advanced to third reading
Mar 01, 2022	2nd report cal.
Feb 28, 2022	1st report cal.556
Feb 24, 2022	print number 4844b
Feb 24, 2022	amend (t) and recommit to labor
Jan 05, 2022	referred to labor returned to senate died in assembly
Mar 09, 2021	referred to labor delivered to assembly passed senate
Mar 04, 2021	advanced to third reading
Mar 03, 2021	2nd report cal.
Mar 02, 2021	1st report cal.497
Feb 24, 2021	print number 4844a
Feb 24, 2021	amend and recommit to labor
Feb 16, 2021	referred to labor

Votes

view votes

Mar 8, 2022 - floor Vote

S4844B

floor

Aye

Nay

Absent

Excused

Abstained

Feb 28, 2022 - Labor committee Vote

S4844B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 9, 2021 - floor Vote

S4844A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 2, 2021 - Labor committee Vote

S4844A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S4844 - Details

See Assembly Version of this Bill:: A1236
Law Section:: Labor Law
Laws Affected:: Amd §206-c, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S8258, A9987

S4844 - Summary

Expands the rights of nursing employees to express breast milk.

S4844 - Sponsor Memo

 
BILL NUMBER: S4844

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the labor law, in relation to expanding the rights of
nursing mothers to express breast milk

 
PURPOSE:

To expand accommodations for nursing mothers in the workplace.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 206-c of the labor law to require employers,
upon an employee's request, to designate a room or location to allow
such employee to pump breast milk. Such room or location shall be a
place, other than a bathroom, that is: (i) in close proximity to the
work area; (ii) shielded from view; and (iii) free from intrusion from
other persons in the workplace or the public. Such room or other
location shall provide, at minimum, a chair, a working surface, nearby

access to running water and, if the workplace is supplied with electric-
ity, an electrical outlet. Employers may be exempt from the physical
requirements of the location for employees to pump breast milk if
provision of such room would impose an undue hardship on the employer.
Further, employers must develop, implement, and distribute a written
policy regarding the rights of nursing mothers to express breast milk at
work pursuant to the provisions of this section.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Under current New York law, employers must give reasonable break times
and make reasonable efforts to provide a space for employees to pump
breast milk. These accommodations fall below the standards in place for
New York State, New York City, and federal government employees.  The
purpose of this bill is to require all employers in New York provide the
same accommodations for nursing mothers that already exist for certain
public employees.

In New York State, all state-owned buildings are required to have lacta-
tion rooms with a chair, working surface, and electrical outlet.  In New
York City, a 2018 ordinance was passed requiring City employers to
provide similar lactation room accommodations. The U.S.  Department of
Labor ("DOL") has also promulgated similar lactation room requirements
for federal government employers.(1) These provisions, which certain
employers provide to their employees, should be applied uniformly to
nursing mothers employed by other agencies as well.

This bill's provisions mirror the current lactation room requirements in
state buildings, and would codify the DOL's lactation room guidelines by
requiring employers to ensure that pumping spaces be private and include
a chair, access to running water, a working space, and an electrical
outlet and expands these protections to all employees.  This bill also
requires employers to develop and implement a written policy regarding
the rights of nursing mothers to express breast milk at work.


Nursing mothers statewide should share the same healthcare protections,
regardless of where they are employed. The health benefits of breast
milk to babies are widely recognized,(2) and women who wish to pump
should be encouraged to do so by having a safe, hygienic and convenient
place to pump within their workplaces.

 
LEGISLATIVE HISTORY:

2019-2020: S8258A/A9987A - Died in Labor Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
(1)Patient Protection and Affordable Care Act, P.L. 111-148 (2010).
(2)Verduci, Banderali, Barberi, Radaelli, Lops, Beth, Rive & Giovannini,
Epigenetic Effects of Human Breast Milk, NUTRIENTS, no. 4 (2014) at
Abstract

S4844 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4844
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02122-01-1

 S. 4844                             2
 
 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.

Co-Sponsors

S4844A - Details

See Assembly Version of this Bill:: A1236
Law Section:: Labor Law
Laws Affected:: Amd §206-c, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S8258, A9987

S4844A - Summary

Expands the rights of nursing employees to express breast milk.

S4844A - Sponsor Memo

 
BILL NUMBER: S4844A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the labor law, in relation to expanding the rights of
nursing mothers to express breast milk

 
PURPOSE:

To expand accommodations for nursing mothers in the workplace.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 206-c of the labor law to require employers to
designate a room or location to allow employees to pump breast milk.
Such room or location shall be a place, other than a restroom, that
is:(i) in close proximity to the work area; (ii) well lit; and (iii)
free from intrusion from other persons in the workplace or the public.
Such room or other location shall provide, at minimum, a chair, a small
table, nearby access to running water and, if the workplace is supplied

with electricity, an electrical outlet. Employers may be exempt from the
physical requirements of the location for employees to pump breast milk
if provision of such room would impose an undue hardship on the employ-
er. Further, employers must develop, implement, and distribute a written
policy regarding the rights of nursing mothers to express breast milk at
work pursuant to the provisions of this section.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Under current New York law, employers must give reasonable break times
and make reasonable efforts to provide a space for employees to pump
breast milk. These accommodations fall below the standards in place for
New York State, New York City, and federal government employees.  The
purpose of this bill is to require all employers in New York provide the
same accommodations for nursing mothers that already exist for certain
public employees.

In New York State, all state-owned buildings are required 'to have
lactation rooms with a chair, working surface, and electrical outlet.
In New York City, a 2018 ordinance was passed requiring City employers
to provide similar lactation room accommodations. The U.S.  Department
of Labor ("DOL") has also promulgated similar lactation room require-
ments for federal government employers.(1) These provisions, which
certain employers provide to their employees, should be applied uniform-
ly to nursing mothers employed by other agencies as well.

This bill's provisions mirror the current lactation room requirements in
state buildings, and would codify the DOL's lactation room guidelines by
requiring employers to ensure that pumping spaces be private and include
a chair, access to running water, a working space, and an electrical
outlet and expands these protections to all employees. This bill also
requires employers to develop and implement a written policy regarding
the rights of nursing mothers to express breast milk at work.

Nursing mothers statewide should share the same healthcare protections,
regardless of where they are employed. The health benefits of breast
milk to babies are widely recognized,(2) and women who wish to pump
should he encouraged to do so by having a safe, hygienic and convenient
place to pump within their workplaces.

 
LEGISLATIVE HISTORY:

2019-2020: S8258A/A9987A - Died in Labor Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
1 Patient Protection and Affordable Care Act, P.L. 111-148 (2010).
2 Verduci, Banderali, Barberi, Radaelli, Lops, Betti, Riva & Giovannini,
Epigenetic Effects of Human Breast Milk, NUTRIENTS, no. 4 (2014) at
Abstract.

S4844A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4844--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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) AN EMPLOYER SHALL DESIGNATE A  ROOM  OR  OTHER  LOCATION  WHICH
 SHALL  BE MADE AVAILABLE FOR USE BY SUCH EMPLOYEE TO EXPRESS BREAST MILK
 IN PRIVACY AND ESTABLISH A SCHEDULE TO ACCOMMODATE THE NEEDS OF MULTIPLE
 EMPLOYEES NEEDING ACCESS THERETO.  THE ROOM OR LOCATION PROVIDED BY  THE
 EMPLOYER  FOR  THIS  PURPOSE  SHALL  NOT  BE A RESTROOM OR TOILET STALL.
 EMPLOYERS SHALL PROVIDE NOTICE TO ALL EMPLOYEES AS SOON  AS  PRACTICABLE
 WHEN  SUCH ROOM OR OTHER LOCATION HAS BEEN DESIGNATED FOR USE BY EMPLOY-
 EES TO EXPRESS BREAST MILK.
   (B) AN EMPLOYER WHO IS UNABLE TO PROVIDE A DEDICATED LACTATION ROOM OR
 OTHER LOCATION MAY ALLOW THE USE OF A VACANT OFFICE OR  OTHER  AVAILABLE
 ROOM  ON  A  TEMPORARY BASIS FOR THE EXPRESSION OF BREAST MILK, PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02122-02-1

 S. 4844--A                          2
 
 THE ROOM IS NOT ACCESSIBLE TO THE PUBLIC OR OTHER  EMPLOYEES  WHILE  THE
 NURSING EMPLOYEE IS USING THE ROOM FOR EXPRESSION PURPOSES.
   (C)  SUCH  ROOM OR OTHER LOCATION SHALL BE A PLACE, OTHER THAN A REST-
 ROOM THAT IS: (I) IN CLOSE PROXIMITY TO THE WORK  AREA;  (II)  WELL  LIT
 EITHER  THROUGH  NATURAL  OR ARTIFICIAL LIGHT, PROVIDED THAT IF THE ROOM
 HAS A WINDOW IT SHALL BE COVERED WITH A CURTAIN, BLIND, OR OTHER  COVER-
 ING TO ENSURE PRIVACY AND THAT THE NURSING MOTHER IS SHIELDED FROM VIEW;
 AND (III) FREE FROM INTRUSION FROM OTHER PERSONS IN THE WORKPLACE OR THE
 PUBLIC.  SUCH  ROOM OR OTHER LOCATION SHALL CONTAIN, AT MINIMUM, A CHAIR
 AND A SMALL TABLE, A DESK, COUNTER, OR OTHER FLAT SERVICE, NEARBY ACCESS
 TO CLEAN, RUNNING WATER AND, IF THE WORKPLACE IS SUPPLIED WITH ELECTRIC-
 ITY, AN ELECTRICAL OUTLET. IF THE WORKPLACE HAS ACCESS TO REFRIGERATION,
 THE EMPLOYER SHALL EXTEND SUCH ACCESS TO REFRIGERATION FOR THE  PURPOSES
 OF  STORING THE EXPRESSED MILK, PROVIDED THAT AN EMPLOYER IS NOT RESPON-
 SIBLE FOR ENSURING THE SAFEKEEPING  OF  EXPRESSED  MILK  STORED  IN  ANY
 REFRIGERATOR ON ITS PREMISES.
   (D) AN EMPLOYER SHALL MAINTAIN THE CLEANLINESS OF THE ROOM OR LOCATION
 SET ASIDE FOR THE USE OF EMPLOYEES EXPRESSING BREAST MILK AT WORK.
   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.  THE  COMMISSIONER  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.  EMPLOYERS SHALL
 PROVIDE SUCH WRITTEN POLICY TO EMPLOYEES RETURNING TO WORK FOLLOWING THE
 BIRTH OF A CHILD. SUCH POLICY SHALL BE PROVIDED INDIVIDUALLY TO AFFECTED
 EMPLOYEES AND THE INFORMATION CONTAINED IN SUCH  POLICY  SHALL  ALSO  BE
 AVAILABLE THROUGH PUBLICATION OF SUCH POLICY IN AN EMPLOYEE HANDBOOK, IF
 APPLICABLE,  OR  OTHERWISE  THROUGH THE POSTING OF THE POLICY IN A CLEAR
 AND CONSPICUOUS LOCATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Co-Sponsors

S4844B (ACTIVE) - Details

See Assembly Version of this Bill:: A1236
Law Section:: Labor Law
Laws Affected:: Amd §206-c, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S8258, A9987

S4844B (ACTIVE) - Summary

Expands the rights of nursing employees to express breast milk.

S4844B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4844B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the labor law, in relation to expanding the rights of
nursing employees to express breast milk

 
PURPOSE:

To expand accommodations for nursing employees in the workplace.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 206-c of the labor law to require employers to
designate a room or location to allow employees to pump breast milk.
Such room or location shall be a place, other than a restroom, that is:
(i) in close proximity to the work area; (ii) well lit; (iii) shielded
from view; (iv) free from intrusion from other persons in the workplace
or the public. Such room or other location shall provide, at minimum, a
chair, a small table, nearby access to running water and, if the work-
place is supplied with electricity, an electrical outlet. Employers may

be exempt from the physical requirements of the location for employees
to pump breast milk if provision of such room would impose an undue
hardship on the employer. Further, employers must develop, implement,
and distribute a written policy regarding the rights of nursing mothers
to express breast milk at work pursuant to the provisions of this
section.  Additionally, employers may not discriminate or retaliate
against any employee for exercising their rights under this section.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Under current New York law, employers must give reasonable break times
and make reasonable efforts to provide a space for employees to pump
breast milk. These accommodations fall below the standards in place for
New York State, New York City, and federal government employees.  The
purpose of this bill is to require all employers in New York provide the
same accommodations for nursing mothers that already exist for certain
public employees.

In New York State, all state-owned buildings are required to have lacta-
tion rooms with a chair, working surface, and electrical outlet.  In New
York City, a 2018 ordinance was passed requiring City employers to
provide similar lactation room accommodations. The U.S. Department of
Labor ("DOL") has also promulgated similar lactation room requirements
for federal government employers. (1)  These provisions, which certain
employers provide to their employees, should be applied uniformly to
nursing mothers employed by other agencies as well.

This bill's provisions mirror the current lactation room requirements in
state buildings, and would codify the DOL's lactation room guidelines by
requiring employers to ensure that pumping spaces be private and include
a chair, access to running water, a working space, and an electrical
outlet and expands these protections to all employees. This bill also
requires employers to develop and implement a written policy regarding
the rights of nursing mothers to express breast milk at work.

Nursing mothers statewide should share the same healthcare protections,
regardless of where they are employed. The health benefits of breast
milk to babies are widely recognized, (2) and women who wish to pump
should be encouraged to do so by having a safe, hygienic and convenient
place to pump within their workplaces.

 
LEGISLATIVE HISTORY:

2019-2020: S8258A/A9987A - Died in Labor Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
1 Patient Protection and Affordable Care Act, P.L. 111-148 (2010).
2 Verduci, Banderali, Barberi, Radaelli, Lops, Betti, Riva & Giovannini,
Epigenetic Effects of Human Breast Milk, NUTRIENTS, no. 4 (2014) at
Abstract.

S4844B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4844--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, BROUK, GOUNARDES, MANNION -- 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  --  recommitted  to  the
   Committee on Labor in accordance with Senate Rule 6, sec. 8 -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the labor law, in relation to expanding  the  rights  of
   nursing employees 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] EMPLOYEES to express breast milk.
 1. An employer 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  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. SUCH ROOM OR OTHER LOCATION SHALL BE A PLACE THAT IS: (I) IN CLOSE
 PROXIMITY TO THE WORK AREA; (II) WELL LIT; (III) SHIELDED FROM VIEW; AND
 (IV)  FREE  FROM  INTRUSION  FROM  OTHER PERSONS IN THE WORKPLACE OR THE
 PUBLIC. SUCH ROOM OR OTHER LOCATION SHALL PROVIDE, AT MINIMUM, A  CHAIR,
 A  WORKING  SURFACE,  NEARBY  ACCESS  TO CLEAN RUNNING WATER AND, IF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02122-05-2

 S. 4844--B                          2
 
 WORKPLACE IS SUPPLIED WITH ELECTRICITY, AN ELECTRICAL OUTLET.  THE  ROOM
 OR  LOCATION  PROVIDED  BY  THE EMPLOYER FOR THIS PURPOSE SHALL NOT BE A
 RESTROOM OR TOILET STALL.
   (B)  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.
   (C) WHERE COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPHS (A) OR (B) OF
 THIS SUBDIVISION IS IMPRACTICABLE BECAUSE IT WOULD IMPOSE AN UNDUE HARD-
 SHIP  ON  THE EMPLOYER BY CAUSING SIGNIFICANT DIFFICULTY OR EXPENSE WHEN
 CONSIDERED IN RELATION TO THE  SIZE,  FINANCIAL  RESOURCES,  NATURE,  OR
 STRUCTURE  OF  THE EMPLOYER'S BUSINESS, SUCH EMPLOYER SHALL MAKE REASON-
 ABLE EFFORTS TO PROVIDE A ROOM OR OTHER LOCATION, OTHER THAN A  RESTROOM
 OR  TOILET  STALL,  THAT IS IN CLOSE PROXIMITY TO THE WORK AREA WHERE AN
 EMPLOYEE CAN  EXPRESS  BREAST MILK IN PRIVACY. PROVIDED, HOWEVER,  NOTH-
 ING  IN  THIS  SUBDIVISION  SHALL  OTHERWISE EXEMPT AN EMPLOYER FROM THE
 REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   (D) IF THE WORKPLACE HAS ACCESS TO REFRIGERATION, THE  EMPLOYER  SHALL
 EXTEND  SUCH  ACCESS  TO REFRIGERATION FOR THE  PURPOSES OF  STORING THE
 EXPRESSED MILK.
   3. THE COMMISSIONER SHALL  DEVELOP  AND  IMPLEMENT  A  WRITTEN  POLICY
 REGARDING  THE RIGHTS OF NURSING EMPLOYEES TO EXPRESS BREAST MILK IN THE
 WORKPLACE PURSUANT TO THE PROVISIONS OF THIS  SECTION.  EMPLOYERS  SHALL
 PROVIDE  SUCH  WRITTEN  POLICY  TO  EACH EMPLOYEE UPON HIRE AND ANNUALLY
 THEREAFTER, AND TO EMPLOYEES UPON RETURNING TO WORK FOLLOWING THE  BIRTH
 OF A CHILD. 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.
   4. NO EMPLOYER OR THEIR AGENT, OR THE OFFICER OR AGENT OF  ANY  CORPO-
 RATION,  PARTNERSHIP, OR LIMITED LIABILITY COMPANY, OR ANY OTHER PERSON,
 SHALL DISCHARGE, THREATEN, PENALIZE, OR IN ANY OTHER MANNER DISCRIMINATE
 OR RETALIATE AGAINST ANY EMPLOYEE BECAUSE SUCH  EMPLOYEE  HAS  EXERCISED
 THEIR RIGHTS AFFORDED UNDER THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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The New York State Senate

senate Bill S4844B

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Mar 8, 2022 - floor Vote

Floor Vote: Mar 8, 2022

Feb 28, 2022 - Labor committee Vote

Labor Committee Vote: Feb 28, 2022

Mar 9, 2021 - floor Vote

Floor Vote: Mar 9, 2021

Mar 2, 2021 - Labor committee Vote

Committee Vote: Mar 2, 2021

Bill Amendments

S4844 - Details

S4844 - Summary

S4844 - Sponsor Memo

S4844 - Bill Text download pdf

Co-Sponsors

S4844A - Details

S4844A - Summary

S4844A - Sponsor Memo

S4844A - Bill Text download pdf

Co-Sponsors

S4844B (ACTIVE) - Details

S4844B (ACTIVE) - Summary

S4844B (ACTIVE) - Sponsor Memo

S4844B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4844B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 8, 2022 - floor Vote

Floor Vote: Mar 8, 2022

Feb 28, 2022 - Labor committee Vote

Labor Committee Vote: Feb 28, 2022

Mar 9, 2021 - floor Vote

Floor Vote: Mar 9, 2021

Mar 2, 2021 - Labor committee Vote

Committee Vote: Mar 2, 2021

Bill Amendments

S4844 - Details

S4844 - Summary

S4844 - Sponsor Memo

S4844 - Bill Text download pdf

Co-Sponsors

S4844A - Details

S4844A - Summary

S4844A - Sponsor Memo

S4844A - Bill Text download pdf

Co-Sponsors

S4844B (ACTIVE) - Details

S4844B (ACTIVE) - Summary

S4844B (ACTIVE) - Sponsor Memo

S4844B (ACTIVE) - Bill Text download pdf

Comments