S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8258--A
 
                             I N  S E N A T E
 
                              April 29, 2020
                                ___________
 
 Introduced by Sens. MARTINEZ, MAY -- 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) 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-
 PLACE OR THE PUBLIC. SUCH ROOM OR OTHER LOCATION SHALL PROVIDE, AT MINI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15399-05-0

 S. 8258--A                          2
 
 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.