NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1236A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the labor law, in relation to expanding the rights of
nursing employees to express breast milk
PURPOSE:
To expand accommodations for breast pumping employees in the workplace
SUMMARY OF PROVISIONS:
Section one amends section 206c of the labor law to require employers,
upon an employee's request, to designate a room or location to allow
such employee to pump breast milk. Such room or location shall not be a
restroom or toilet stall and shall conform with all requirements in the
section. The section also requires the commissioner to develop and
implement a written policy regarding the rights of nursing employees to
express breastmilk in the workplace pursuant to the provisions of this
section, and requires employers to provide that policy to employees
annually and upon return to work following the birth of a child.
Further, the section forbids employers from retaliating against employ-
ees for exercising their rights afforded under this section.
Section two establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Changed references of "mothers" to "employees".
Makes changes allowing employees to express breast milk "each time such
employee has reasonable need to express breast milk" instead of "each
day".
Added "well lit" to list of requirements for the designated lactation
room, and also that that room shall not be a restroom or toilet stall.
Added a requirement that if the workplace has access to refrigeration,
the employer shall extend that access to the employee for the purpose of
storing expressed milk.
Added that the written policy shall also be distributed to employees
upon returning to work following the birth of a child.
Added a provision forbidding an employer from retaliating against an
employee exercising rights under this section.
JUSTIFICATION:
Under current law, employers shall give reasonable break times and make
reasonable efforts to provide a space for employees to pump. State
employees have additional protections set out in the law as compared
with other workers since all state-owned buildings are required to have
lactation rooms, which must have a chair, working surface and an elec-
trical outlet. A law took effect in New York City in 2018 requiring
employers to provide these same accommodations. Also, guidelines
released by the Department of, Labor (DOL) provide that all lactation
spaces should include these same accommodations required in New York
City and state-owned buildings.
This bill mirrors the current law for lactation rooms in state buildings
and would codify DOL's guidelines by requiring employers to ensure that
pumping spaces be private and include a chair, access to running water,
a working space and an electrical outlet. It also requires employers to
develop and implement a written policy regarding the rights of nursing
mothers to express breast milk at work. Women statewide should share the
same protections. The benefits of breast milk are widely recognized and
women who wish to pump should be encouraged to continue by having a
safe, hygienic and convenient place to do so in their workplace.
LEGISLATIVE HISTORY:
A.9987a of 2020, referred to labor / Same as S.8258a of 2020, referred
to labor
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1236--A
2021-2022 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 206-c of the labor law, as added by chapter 574 of
2 the laws of 2007, is amended to read as follows:
3 § 206-c. Right of nursing [mothers] employees to express breast milk.
4 1. An employer shall provide reasonable unpaid break time or permit an
5 employee to use paid break time or meal time [each day] to allow an
6 employee to express breast milk for her nursing child each time such
7 employee has reasonable need to express breast milk for up to three
8 years following child birth. [The employer shall make reasonable efforts
9 to provide a room or other location, in close proximity to the work
10 area, where an employee can express milk in privacy.] No employer shall
11 discriminate in any way against an employee who chooses to express
12 breast milk in the work place.
13 2. (a) Upon request of an employee who chooses to express breast milk
14 in the workplace, an employer shall designate a room or other location
15 which shall be made available for use by such employee to express breast
16 milk. Such room or other location shall be a place that is: (i) in close
17 proximity to the work area; (ii) well lit; (iii) shielded from view; and
18 (iv) free from intrusion from other persons in the workplace or the
19 public. Such room or other location shall provide, at minimum, a chair,
20 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
1 workplace is supplied with electricity, an electrical outlet. The room
2 or location provided by the employer for this purpose shall not be a
3 restroom or toilet stall.
4 (b) If the sole purpose or function of such room or other location is
5 not dedicated for use by employees to express breast milk, such room or
6 other location shall be made available to such an employee when needed
7 and shall not be used for any other purpose or function while in use by
8 such employee. Employers shall provide notice to all employees as soon
9 as practicable when such room or other location has been designated for
10 use by employees to express breast milk.
11 (c) Where compliance with the requirements of paragraphs (a) or (b) of
12 this subdivision is impracticable because it would impose an undue hard-
13 ship on the employer by causing significant difficulty or expense when
14 considered in relation to the size, financial resources, nature, or
15 structure of the employer's business, such employer shall make reason-
16 able efforts to provide a room or other location, other than a restroom
17 or toilet stall, that is in close proximity to the work area where an
18 employee can express breast milk in privacy. Provided, however, noth-
19 ing in this subdivision shall otherwise exempt an employer from the
20 requirements of subdivision one of this section.
21 (d) If the workplace has access to refrigeration, the employer shall
22 extend such access to refrigeration for the purposes of storing the
23 expressed milk.
24 3. The commissioner shall develop and implement a written policy
25 regarding the rights of nursing employees to express breast milk in the
26 workplace pursuant to the provisions of this section. Employers shall
27 provide such written policy to each employee upon hire and annually
28 thereafter, and to employees upon returning to work following the birth
29 of a child. Such policy shall:
30 (a) Inform employees of their rights pursuant to this section;
31 (b) Specify the means by which a request may be submitted to the
32 employer for a room or other location for use by employees to express
33 breast milk; and
34 (c) Require the employer to respond to such request within a reason-
35 able timeframe, but not to exceed five business days.
36 4. No employer or their agent, or the officer or agent of any corpo-
37 ration, partnership, or limited liability company, or any other person,
38 shall discharge, threaten, penalize, or in any other manner discriminate
39 or retaliate against any employee because such employee has exercised
40 their rights afforded under this section.
41 § 2. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law.
