Bill Text: NY S04844 | 2021-2022 | General Assembly | Amended

---

Bill Title: Expands the rights of nursing employees to express breast milk.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2022-12-09 - SIGNED CHAP.672 [S04844 Detail]

Download: New_York-2021-S04844-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4844--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. Section 206-c of the labor law, as added by chapter 574  of
     2  the laws of 2007, is amended to read as follows:
     3    §  206-c. Right of nursing [mothers] employees to express breast milk.
     4  1. An employer shall provide reasonable unpaid break time or  permit  an
     5  employee  to  use  paid  break  time or meal time [each day] to allow an
     6  employee to express breast milk for her nursing  child  each  time  such
     7  employee  has  reasonable  need  to  express breast milk for up to three
     8  years following child birth. [The employer shall make reasonable efforts
     9  to provide a room or other location, in  close  proximity  to  the  work
    10  area,  where an employee can express milk in privacy.] No employer shall
    11  discriminate in any way against  an  employee  who  chooses  to  express
    12  breast milk in the work place.
    13    2.  (a) Upon request of an employee who chooses to express breast milk
    14  in the workplace, an employer shall designate a room or  other  location
    15  which shall be made available for use by such employee to express breast
    16  milk. Such room or other location shall be a place that is: (i) in close
    17  proximity to the work area; (ii) well lit; (iii) shielded from view; and
    18  (iv)  free  from  intrusion  from  other persons in the workplace or the
    19  public. Such room or other location shall provide, at minimum, a  chair,
    20  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

     1  workplace is supplied with electricity, an electrical outlet.  The  room
     2  or  location  provided  by  the employer for this purpose shall not be a
     3  restroom or toilet stall.
     4    (b)  If the sole purpose or function of such room or other location is
     5  not dedicated for use by employees to express breast milk, such room  or
     6  other  location  shall be made available to such an employee when needed
     7  and shall not be used for any other purpose or function while in use  by
     8  such  employee.  Employers shall provide notice to all employees as soon
     9  as practicable when such room or other location has been designated  for
    10  use by employees to express breast milk.
    11    (c) Where compliance with the requirements of paragraphs (a) or (b) of
    12  this subdivision is impracticable because it would impose an undue hard-
    13  ship  on  the employer by causing significant difficulty or expense when
    14  considered in relation to the  size,  financial  resources,  nature,  or
    15  structure  of  the employer's business, such employer shall make reason-
    16  able efforts to provide a room or other location, other than a  restroom
    17  or  toilet  stall,  that is in close proximity to the work area where an
    18  employee can  express  breast milk in privacy. Provided, however,  noth-
    19  ing  in  this  subdivision  shall  otherwise exempt an employer from the
    20  requirements of subdivision one of this section.
    21    (d) If the workplace has access to refrigeration, the  employer  shall
    22  extend  such  access  to refrigeration for the  purposes of  storing the
    23  expressed milk.
    24    3. The commissioner shall  develop  and  implement  a  written  policy
    25  regarding  the rights of nursing employees to express breast milk in the
    26  workplace pursuant to the provisions of this  section.  Employers  shall
    27  provide  such  written  policy  to  each employee upon hire and annually
    28  thereafter, and to employees upon returning to work following the  birth
    29  of a child. Such policy shall:
    30    (a) Inform employees of their rights pursuant to this section;
    31    (b)  Specify  the  means  by  which  a request may be submitted to the
    32  employer for a room or other location for use by  employees  to  express
    33  breast milk; and
    34    (c)  Require  the employer to respond to such request within a reason-
    35  able timeframe, but not to exceed five business days.
    36    4. No employer or their agent, or the officer or agent of  any  corpo-
    37  ration,  partnership, or limited liability company, or any other person,
    38  shall discharge, threaten, penalize, or in any other manner discriminate
    39  or retaliate against any employee because such  employee  has  exercised
    40  their rights afforded under this section.
    41    § 2. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law.