N.Y. Labor Law § 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 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.

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.