S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1236--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. PAULIN, JOYNER, GOTTFRIED, CRUZ, SIMON, EPSTEIN,
   HYNDMAN, McMAHON, NIOU, SAYEGH, MORINELLO, ASHBY, McDONOUGH --  Multi-
   Sponsored  by  --  M.  of  A.  TAGUE  -- read once and referred to the
   Committee on Labor -- recommitted to the Committee on Ways  and  Means
   in  accordance  with  Assembly Rule 3, sec. 2 -- 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 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.
                                                            LBD02122-04-2
              

 A. 1236--A                          2
 
 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 HARD-
 SHIP  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 REASON-
 ABLE 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,  NOTH-
 ING  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 REASON-
 ABLE TIMEFRAME, BUT NOT TO EXCEED FIVE BUSINESS DAYS.
   4. NO EMPLOYER OR THEIR AGENT, OR THE OFFICER OR AGENT OF  ANY  CORPO-
 RATION,  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.