Bill Text: NY S08258 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Expands the rights of nursing mothers to express breast milk.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-09-28 - PRINT NUMBER 8258A [S08258 Detail]

Download: New_York-2019-S08258-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8258

                    IN SENATE

                                     April 29, 2020
                                       ___________

        Introduced  by Sen. MARTINEZ -- 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:

     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  to  express breast milk. 1. An
     4  employer shall provide reasonable unpaid break time or permit an employ-
     5  ee to use paid break time or meal time each day to allow an employee  to
     6  express  breast  milk  for her nursing child each time such employee has
     7  reasonable need to express breast milk for up to three  years  following
     8  child  birth.  [The  employer shall make reasonable efforts to provide a
     9  room or other location, in close proximity to the work  area,  where  an
    10  employee can express milk in privacy.] No employer shall discriminate in
    11  any  way  against  an employee who chooses to express breast milk in the
    12  workplace.
    13    2. Employers shall designate a room or location that is intended to be
    14  used for the primary purpose of allowing  employees  to  express  breast
    15  milk. Such room or location shall not be a bathroom and shall be hygien-
    16  ic;  in  close proximity to the work area; shielded from view; free from
    17  intrusion; and shall contain a chair, a  working  surface,  have  nearby
    18  access  to running water and, if the building is otherwise supplied with
    19  electricity, an electrical outlet.
    20    3. Where compliance with the requirements of subdivision two  of  this
    21  section  is  impracticable  because the employer does not have a room or
    22  location that could be repurposed in accordance with subdivision two  of
    23  this  section  and  the  employer  could  not  come into compliance at a
    24  reasonable cost,  such employer shall make reasonable efforts to provide
    25  a room or other location, in close proximity to the work area, where  an
    26  employee  can  express  breast milk in privacy. Nothing in this subdivi-
    27  sion shall excuse an employer from the requirements of  subdivision  one
    28  of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15399-03-0
        S. 8258                             2

     1    §  2.  This  act shall take effect on the thirtieth day after it shall
     2  have become a law.