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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4844--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.
                                                            LBD02122-05-2
              

 S. 4844--B                          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.