BILL NUMBER: S6391

SPONSOR: SALAZAR
 
TITLE OF BILL:  An act to repeal section 206-b of the labor law,
relating to employment of females after child-birth prohibited

 
PURPOSE OF THE BILL:

This bill would repeal Labor Law § 206-b, which prohibits factory or
mercantile owners from knowingly employing a female who has given birth
within the last 4 weeks without specific written permissions.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would repeal Labor Law § 206-b.

Section 2 of this bill would make it effective immediately.

 
JUSTIFICATION:

              

Labor Law § 206-b prohibits factory or mercantile owners or persons in
authority from knowingly employing a female who has given birth to a
child within the last 4 weeks without (i) a written statement expressing
her desire for earlier employment and (ii) a written opinion of a quali-
fied physician that she is physically and mentally capable of discharg-
ing the duties of her employment.

Protections for new mothers in the workplace have significantly advanced
since this law was first enacted in the early 1900s making this law no
longer relevant.

Modem protections in New York include requiring employers to make
reasonable accommodations for pregnancy-related conditions and provide
nursing mothers with break time to pump breast milk at work. New York
also has the most comprehensive Paid Family Leave program in the nation,
which includes anti-retaliation provisions to protect a new mother's job
while she is bonding with her child, in addition to the strong anti-dis-
crimination protections based on sex and familial status in the State
Human Rights Law.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately.