§ 206-C — Right of nursing employees to express breast milk

§ 206-c. Right of nursing employees to express breast milk. 1. An\nemployer shall provide paid break time for thirty minutes, and permit an\nemployee to use existing paid break time or meal time for time in excess\nof thirty minutes, to allow an employee to express breast milk for such\nemployee's nursing child each time such employee has reasonable need to\nexpress breast milk for up to three years following child birth. No\nemployer shall discriminate in any way against an employee who chooses\nto express breast milk in the work place.\n 2. (a) Upon request of an employee who chooses to express breast milk\nin the workplace, an employer shall designate a room or other location\nwhich shall be made available for use by such employee to express breast\nmilk. Such room or other location shall be a place that is: (i) in close\nproximity to the work area; (ii) well lit; (iii) shielded from view; and\n(iv) free from intrusion from other persons in the workplace or the\npublic. Such room or other location shall provide, at minimum, a chair,\na working surface, nearby access to clean running water and, if the\nworkplace is supplied with electricity, an electrical outlet. The room\nor location provided by the employer for this purpose shall not be a\nrestroom or toilet stall.\n (b) If the sole purpose or function of such room or other location is\nnot dedicated for use by employees to express breast milk, such room or\nother location shall be made available to such an employee when needed\nand shall not be used for any other purpose or function while in use by\nsuch employee. Employers shall provide notice to all employees as soon\nas practicable when such room or other location has been designated for\nuse by employees to express breast milk.\n (c) Where compliance with the requirements of paragraphs (a) or (b) of\nthis subdivision is impracticable because it would impose an undue\nhardship on the employer by causing significant difficulty or expense\nwhen considered in relation to the size, financial resources, nature, or\nstructure of the employer's business, such employer shall make\nreasonable efforts to provide a room or other location, other than a\nrestroom or toilet stall, that is in close proximity to the work area\nwhere an employee can express breast milk in privacy. Provided, however,\nnothing in this subdivision shall otherwise exempt an employer from the\nrequirements of subdivision one of this section.\n (d) If the workplace has access to refrigeration, the employer shall\nextend such access to refrigeration for the purposes of storing the\nexpressed milk.\n 3. The commissioner shall develop and implement a written policy\nregarding the rights of nursing employees to express breast milk in the\nworkplace pursuant to the provisions of this section. Employers shall\nprovide such written policy to each employee upon hire and annually\nthereafter, and to employees upon returning to work following the birth\nof a child. Such policy shall:\n (a) Inform employees of their rights pursuant to this section;\n (b) Specify the means by which a request may be submitted to the\nemployer for a room or other location for use by employees to express\nbreast milk; and\n (c) Require the employer to respond to such request within a\nreasonable timeframe, but not to exceed five business days.\n 4. No employer or their agent, or the officer or agent of any\ncorporation, partnership, or limited liability company, or any other\nperson, shall discharge, threaten, penalize, or in any other manner\ndiscriminate or retaliate against any employee because such employee has\nexercised their rights afforded under this section.\n