BILL NUMBER: S8667
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the labor law, in relation to employee access to lacta-
tion rooms in the workplace
 
PURPOSE OR GENERAL IDEA OF BILL:
To enhance the rights of nursing employees by ensuring access to
adequate, safe, and private lactation rooms in the workplace, thereby
supporting breastfeeding employees and promoting public health.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivisions 2 and 3 of Section 206-c of the Labor
Law, originally added by Chapter 672 of the Laws of 2022, to require
employers to provide a designated lactation room or other location that
is hygienic, well-lit, in close proximity to the work area, shielded
from view, and free from intrusion. The lactation room must include a
chair, working surface, a refrigerator specifically for lactation
purposes, access to clean running water, and an electrical outlet if
available. The location cannot be a restroom or toilet stall.
Section 2: Stipulates that employers must develop and implement a writ-
ten policy regarding the rights of nursing employees to express breast
milk in the workplace. This policy must be provided to employees upon
hire, annually, and upon returning to work after childbirth. The policy
must be posted in common areas, included in employee handbooks, and made
accessible online.
 
JUSTIFICATION:
Breastfeeding is a crucial aspect of maternal and child health, recog-
nized for its numerous benefits including improved infant immunity and
bonding. Despite these benefits, many working mothers face significant
challenges in continuing to breastfeed upon returning to work. This
legislation addresses these challenges by mandating that employers
provide suitable and private lactation spaces, thereby eliminating
barriers that can discourage breastfeeding.
Current law requires employers to make reasonable efforts to provide
lactation rooms, but this bill strengthens those provisions by setting
clearer standards for what constitutes an appropriate lactation space.
By removing the option for employers to claim undue hardship in provid-
ing these facilities, this bill ensures that all nursing employees will
have access to the necessary resources to express breast milk in a
dignified and sanitary environment.
Furthermore, the requirement for a written policy that is actively
communicated to employees ensures that all employees are fully aware of
their rights and the accommodations available to them, leading to better
enforcement and compliance. This will also encourage more workplaces to
foster environments that are supportive of breastfeeding, which aligns
with broader public health goals.
 
PRIOR LEGISLATIVE HISTORY:
This bill builds on Chapter 672 of the Laws of 2022, which first intro-
duced the requirement for lactation rooms in the workplace. This amend-
ment strengthens and clarifies those provisions.
 
FISCAL IMPLICATIONS:
The bill may impose minimal costs on employers related to the creation
or modification of lactation spaces and the development of a written
policy. However, these costs are outweighed by the public health bene-
fits of increased breastfeeding rates and the support provided to work-
ing mothers.
 
EFFECTIVE DATE:
This act shall take effect immediately upon enactment.