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This entry was published on 2022-12-16
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SECTION 206-C
Right of nursing mothers to express breast milk
Labor (LAB) CHAPTER 31, ARTICLE 7
* § 206-c. Right of nursing mothers to express breast milk. 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 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.

* NB Effective until June 7, 2023

* § 206-c. Right of nursing 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 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. 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
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
hardship 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
reasonable 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,
nothing 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
reasonable timeframe, but not to exceed five business days.

4. No employer or their agent, or the officer or agent of any
corporation, 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.

* NB Effective June 7, 2023