A01236 Summary:

BILL NOA01236
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRJoyner, Gottfried, Cruz, Simon, Barron, Epstein, Hyndman, McMahon, Niou, Sayegh, Morinello, Ashby, McDonough
 
MLTSPNSRTague
 
Amd §206-c, Lab L
 
Expands the rights of nursing mothers to express breast milk.
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A01236 Actions:

BILL NOA01236
 
01/07/2021referred to labor
04/28/2021reported referred to codes
05/12/2021reported referred to ways and means
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A01236 Committee Votes:

LABOR Chair:Joyner DATE:04/28/2021AYE/NAY:27/1 Action: Favorable refer to committee Codes
JoynerAyeBrabenecAye
AbbateAyeDiPietroNay
PerryAyeByrneAye
ColtonAyeMorinelloAye
BenedettoAyeDeStefanoAye
HevesiAyeSchmittAye
BronsonAyeDursoAye
RodriguezAbsentGiglioAye
RozicAye
SimonAye
SteckAye
BarnwellAye
RichardsonAye
RosenthalAye
CruzAye
ReyesAye
De La RosaAye
RamosAye
JacobsonAye
BurgosAye
ZinermanAye

CODES Chair:Dinowitz DATE:05/12/2021AYE/NAY:21/0 Action: Favorable refer to committee Ways and Means
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAbsent
CruzAye

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A01236 Floor Votes:

There are no votes for this bill in this legislative session.
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A01236 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1236
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by  M. of A. PAULIN, JOYNER, GOTTFRIED, CRUZ, SIMON, BARRON,
          EPSTEIN, HYNDMAN, McMAHON, NIOU, SAYEGH, MORINELLO,  ASHBY,  McDONOUGH
          --  Multi-Sponsored  by -- M. of A. TAGUE -- read once and referred to
          the Committee on Labor
 
        AN ACT to amend the labor law, in relation to expanding  the  rights  of
          nursing mothers to express breast milk

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 206-c of the labor law, as added by chapter 574  of
     2  the laws of 2007, is amended to read as follows:
     3    §  206-c.  Right  of  nursing  mothers  to  express breast milk. 1. An
     4  employer shall provide reasonable unpaid break time or permit an employ-
     5  ee to use paid break time or meal time [each day] to allow  an  employee
     6  to express breast milk for her nursing child each time such employee has
     7  reasonable  need  to express breast milk for up to three years following
     8  child birth. [The employer shall make reasonable efforts  to  provide  a
     9  room  or  other  location, in close proximity to the work area, where an
    10  employee can express milk in privacy.] No employer shall discriminate in
    11  any way against an employee who chooses to express breast  milk  in  the
    12  work place.
    13    2.  (a) Upon request of an employee who chooses to express breast milk
    14  in the workplace, an employer shall designate a room or  other  location
    15  which shall be made available for use by such employee to express breast
    16  milk.  If the sole purpose or function of such room or other location is
    17  not dedicated for use by employees to express breast milk, such room  or
    18  other  location  shall be made available to such an employee when needed
    19  and shall not be used for any other purpose or function while in use  by
    20  such  employee.  Employers shall provide notice to all employees as soon
    21  as practicable when such room or other location has been designated  for
    22  use by employees to express breast milk.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02122-01-1

        A. 1236                             2
 
     1    (b)  Such  room or other location shall be a place, other than a bath-
     2  room that is: (i) in close proximity to the  work  area;  (ii)  shielded
     3  from view; and (iii) free from intrusion from other persons in the work-
     4  place or the public. Such room or other location shall provide, at mini-
     5  mum,  a chair, a working surface, nearby access to running water and, if
     6  the workplace is supplied with electricity, an electrical outlet.
     7    3. Where compliance with the requirements of subdivision two  of  this
     8  section  is  impracticable  because it would impose an undue hardship on
     9  the employer by causing significant difficulty or expense  when  consid-
    10  ered  in relation to the size, financial resources, nature, or structure
    11  of the employer's business, such employer shall make reasonable  efforts
    12  to  provide  a  room  or  other location, in close proximity to the work
    13  area, where an employee can  express  breast milk in privacy.  Provided,
    14  however,  nothing in this subdivision shall otherwise exempt an employer
    15  from the requirements of subdivision one of this section.
    16    4. Employers shall develop and implement a  written  policy  regarding
    17  the  rights  of  nursing mothers to express breast milk in the workplace
    18  pursuant to the  provisions  of  this  section.  Such  policy  shall  be
    19  distributed  to  each  employee  upon hire and annually thereafter. Such
    20  policy shall:
    21    (a) Inform employees of their rights pursuant to this section;
    22    (b) Specify the means by which a  request  may  be  submitted  to  the
    23  employer  for  a  room or other location for use by employees to express
    24  breast milk; and
    25    (c) Require the employer to respond to such request within  a  reason-
    26  able timeframe, but not to exceed five business days.
    27    § 2. This act shall take effect on the one hundred eightieth day after
    28  it shall have become a law.
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