2022 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.
  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.