2023 New York Laws › LAB - Labor › Article 7 - General Provisions › 206-C - Right of Nursing Employees to Express Breast Milk.

§  206-c.  Right  of nursing 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 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. No employer  shall  discriminate  in  any  way  against  an
employee who chooses to express breast milk in the work place.
* NB Effective until June 19, 2024
* 1. An employer shall provide paid break time for thirty minutes, and
permit an employee to use existing paid break time or meal time for time
in excess of thirty minutes, to allow an employee to express breast milk
for such employee's nursing child each time such employee has reasonable
need to express breast milk for up to three years following child birth.
No  employer  shall  discriminate  in  any  way  against an employee who
chooses to express breast milk in the work place.
* NB Effective June 19, 2024
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
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
hardship 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
reasonable 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,
nothing 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
reasonable timeframe, but not to exceed five business days.
4.  No  employer  or  their  agent,  or  the  officer  or agent of any
corporation, 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.