S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4844
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02122-01-1

 S. 4844                             2
 
 PLACE OR THE PUBLIC. SUCH ROOM OR OTHER LOCATION SHALL PROVIDE, AT MINI-
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4844--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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) AN EMPLOYER SHALL DESIGNATE A  ROOM  OR  OTHER  LOCATION  WHICH
 SHALL  BE MADE AVAILABLE FOR USE BY SUCH EMPLOYEE TO EXPRESS BREAST MILK
 IN PRIVACY AND ESTABLISH A SCHEDULE TO ACCOMMODATE THE NEEDS OF MULTIPLE
 EMPLOYEES NEEDING ACCESS THERETO.  THE ROOM OR LOCATION PROVIDED BY  THE
 EMPLOYER  FOR  THIS  PURPOSE  SHALL  NOT  BE A RESTROOM OR TOILET STALL.
 EMPLOYERS SHALL PROVIDE NOTICE TO ALL EMPLOYEES AS SOON  AS  PRACTICABLE
 WHEN  SUCH ROOM OR OTHER LOCATION HAS BEEN DESIGNATED FOR USE BY EMPLOY-
 EES TO EXPRESS BREAST MILK.
   (B) AN EMPLOYER WHO IS UNABLE TO PROVIDE A DEDICATED LACTATION ROOM OR
 OTHER LOCATION MAY ALLOW THE USE OF A VACANT OFFICE OR  OTHER  AVAILABLE
 ROOM  ON  A  TEMPORARY BASIS FOR THE EXPRESSION OF BREAST MILK, PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02122-02-1

 S. 4844--A                          2
 
 THE ROOM IS NOT ACCESSIBLE TO THE PUBLIC OR OTHER  EMPLOYEES  WHILE  THE
 NURSING EMPLOYEE IS USING THE ROOM FOR EXPRESSION PURPOSES.
   (C)  SUCH  ROOM OR OTHER LOCATION SHALL BE A PLACE, OTHER THAN A REST-
 ROOM THAT IS: (I) IN CLOSE PROXIMITY TO THE WORK  AREA;  (II)  WELL  LIT
 EITHER  THROUGH  NATURAL  OR ARTIFICIAL LIGHT, PROVIDED THAT IF THE ROOM
 HAS A WINDOW IT SHALL BE COVERED WITH A CURTAIN, BLIND, OR OTHER  COVER-
 ING TO ENSURE PRIVACY AND THAT THE NURSING MOTHER IS SHIELDED FROM VIEW;
 AND (III) FREE FROM INTRUSION FROM OTHER PERSONS IN THE WORKPLACE OR THE
 PUBLIC.  SUCH  ROOM OR OTHER LOCATION SHALL CONTAIN, AT MINIMUM, A CHAIR
 AND A SMALL TABLE, A DESK, COUNTER, OR OTHER FLAT SERVICE, NEARBY ACCESS
 TO CLEAN, RUNNING WATER AND, IF THE WORKPLACE IS SUPPLIED WITH ELECTRIC-
 ITY, AN ELECTRICAL OUTLET. IF THE WORKPLACE HAS ACCESS TO REFRIGERATION,
 THE EMPLOYER SHALL EXTEND SUCH ACCESS TO REFRIGERATION FOR THE  PURPOSES
 OF  STORING THE EXPRESSED MILK, PROVIDED THAT AN EMPLOYER IS NOT RESPON-
 SIBLE FOR ENSURING THE SAFEKEEPING  OF  EXPRESSED  MILK  STORED  IN  ANY
 REFRIGERATOR ON ITS PREMISES.
   (D) AN EMPLOYER SHALL MAINTAIN THE CLEANLINESS OF THE ROOM OR LOCATION
 SET ASIDE FOR THE USE OF EMPLOYEES EXPRESSING BREAST MILK AT WORK.
   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.  THE  COMMISSIONER  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.  EMPLOYERS SHALL
 PROVIDE SUCH WRITTEN POLICY TO EMPLOYEES RETURNING TO WORK FOLLOWING THE
 BIRTH OF A CHILD. SUCH POLICY SHALL BE PROVIDED INDIVIDUALLY TO AFFECTED
 EMPLOYEES AND THE INFORMATION CONTAINED IN SUCH  POLICY  SHALL  ALSO  BE
 AVAILABLE THROUGH PUBLICATION OF SUCH POLICY IN AN EMPLOYEE HANDBOOK, IF
 APPLICABLE,  OR  OTHERWISE  THROUGH THE POSTING OF THE POLICY IN A CLEAR
 AND CONSPICUOUS LOCATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.