Senate Bill S4844A

2021-2022 Legislative Session

Expands the rights of nursing employees to express breast milk

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S4844 - Details

Law Section:
Labor Law
Laws Affected:
Amd §206-c, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S8258

2021-S4844 - Summary

Expands the rights of nursing employees to express breast milk.

2021-S4844 - Sponsor Memo

2021-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.
              

co-Sponsors

2021-S4844A - Details

Law Section:
Labor Law
Laws Affected:
Amd §206-c, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S8258

2021-S4844A - Summary

Expands the rights of nursing employees to express breast milk.

2021-S4844A - Sponsor Memo

2021-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.
              

co-Sponsors

2021-S4844B (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Amd §206-c, Lab L
Versions Introduced in 2019-2020 Legislative Session:
S8258

2021-S4844B (ACTIVE) - Summary

Expands the rights of nursing employees to express breast milk.

2021-S4844B (ACTIVE) - Sponsor Memo

2021-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
              

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