Relates to employee access to lactation rooms in the workplace

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          3998

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                    January 30, 2025
                                       ___________

        Introduced  by M. of A. FORREST -- read once and referred to the Commit-
          tee on Labor

        AN ACT to amend the labor law, in relation to employee access to  lacta-
          tion rooms in the workplace

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Subdivisions 2 and 3 of section 206-c of the labor law,  as
     2  added  by  chapter  672  of  the  laws  of  2022, are amended to read as
     3  follows:
     4    2. (a) Upon request of an employee who chooses to express breast  milk
     5  in  the  workplace, an employer shall designate a room or other location
     6  which shall be made available for use by such employee to express breast
     7  milk. Such room or other location shall be a place that is: (i)  HYGIEN-
     8  IC;  (II)  in  close  proximity to the work area; [(ii)] (III) well lit;
     9  [(iii)] (IV) shielded from view; and [(iv)] (V) free from intrusion from
    10  other persons in the  workplace  or  the  public.  Such  room  or  other
    11  location shall provide, at minimum, a chair, a working surface, A REFRI-
    12  GERATOR THAT SHALL BE USED ONLY FOR PURPOSES RELATED TO LACTATION, near-
    13  by  access to clean running water and, if the workplace is supplied with
    14  electricity, an electrical outlet. The room or location provided by  the
    15  employer  for  this  purpose shall not be a restroom or toilet stall AND
    16  SHALL BE LOCATED OUTSIDE THE CONFINES OF A PUBLIC RESTROOM.
    17    (b) If the sole purpose or function of such room or other location  is
    18  not  dedicated for use by employees to express breast milk, such room or
    19  other location shall be made available to such an employee  when  needed
    20  and  shall not be used for any other purpose or function while in use by
    21  such employee. Employers shall provide notice to all employees  as  soon
    22  as  practicable when such room or other location has been designated for
    23  use by employees to express breast milk.
    24    [(c) Where compliance with the requirements of paragraphs (a)  or  (b)
    25  of  this  subdivision  is impracticable because it would impose an undue

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07341-01-5
        A. 3998                             2

     1  hardship on the employer by causing significant  difficulty  or  expense
     2  when considered in relation to the size, financial resources, nature, or
     3  structure  of  the employer's business, such employer shall make reason-
     4  able  efforts to provide a room or other location, other than a restroom
     5  or toilet stall, that is in close proximity to the work  area  where  an
     6  employee  can express breast milk in privacy. Provided, however, nothing
     7  in this subdivision shall otherwise exempt an employer from the require-
     8  ments of subdivision one of this section.
     9    (d) If the workplace has access to refrigeration, the  employer  shall
    10  extend  such  access  to  refrigeration  for the purposes of storing the
    11  expressed milk.]
    12    3. The commissioner shall  develop  and  implement  a  written  policy
    13  regarding  the rights of nursing employees to express breast milk in the
    14  workplace pursuant to the provisions of this  section.  Employers  shall
    15  provide  such  written  policy  to  each employee upon hire and annually
    16  thereafter, and to employees upon returning to work following the  birth
    17  of  a  child.   EMPLOYERS SHALL POST SUCH POLICY PUBLICLY IN A CLEAR AND
    18  CONSPICUOUS LOCATION IN A COMMON OR BREAK AREA AND IN THE EMPLOYEE HAND-
    19  BOOK, TO THE EXTENT THAT AN EMPLOYER PROVIDES SUCH HANDBOOK  TO  EMPLOY-
    20  EES, AND IN A LOCATION ACCESSIBLE ON EITHER THE EMPLOYER'S WEBSITE OR ON
    21  THE INTERNET IN A MANNER ACCESSIBLE BY EMPLOYEES. Such policy shall:
    22    (a) Inform employees of their rights pursuant to this section;
    23    (b)  Specify  the  means  by  which  a request may be submitted to the
    24  employer for a room or other location for use by  employees  to  express
    25  breast milk; and
    26    (c)  Require  the employer to respond to such request within a reason-
    27  able timeframe, but not to exceed five business days.
    28    § 2. This act shall take effect immediately.