BILL NUMBER: S8564

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the labor law, in relation to nursing employees

 
PURPOSE:

The purpose of this legislation is to expand the rights afforded to
nursing employees to include the provision of a sink or individual basin
used solely for the washing of breast pump attachments upon request by
the employee.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph (a) of subdivision 2 of section 206-c of the labor
law, as added by chapter 672 of the laws of 2022 is amended to include
the provision, by the employer, of a sink or individual basin used sole-
ly for the washing of breast pump attachments by an employee who chooses
to express breast milk in the workplace upon request.

              

Section 2. Is the enacting clause.

 
JUSTIFICATION:

New York State Labor Law Section 206-c requires an employer to provide
nursing employees with break time to express breast milk at work. The
NYS Department of Health has a "Breast-Feeding Bill of Rights" and
"Frequently Asked Questions" available on their website describing in
detail the responsibilities of both the employer and the nursing employ-
ee concerning expressing breast milk in the workplace.

As written, the employer shall designate a room or other location (other
than a restroom or toilet stall) which shall be made available for use
by the nursing employee to express breast milk. The room must be well
lit, near the work area, shielded from view and free from intrusion and
further provide, at minimum, a chair, working surface, and nearby access
to clean running water.

Breast pumps are the direct mechanism in which a nursing person may
utilize to provide food for their baby. Therefore, for both nursing and
non-nursing employees, washing breast pump attachments in a communal
sink is concerning. Sinks, particularly communal sinks, are known to
potentially carry and transmit bacteria as a result of hand washing. The
Center for Disease Control and Prevention (CDC) recommends washing
breast pump attachments in a clean wash basin used only for washing
infant feeding equipment. For this reason, it is important to designate
a sink for the sole use of washing breast pump attachments or for the
employer to provide the nursing employee with an individual wash basin
to be utilized for such purposes in the workplace.

This is a small yet meaningful measure to ensure both nursing and non-
nursing employees remain healthy and comfortable seeking accommodations
should they need without risk of the transmission of bacteria between
communal hygiene areas and breast pump attachments.  At times, employees
may spend more time in the workplace than they do at home with their
family and thus this effort remains aligned with New York's vision in

being a model for inclusive and accessible labor practices for our work-
force.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.