The New York City Council - File #: Int 0905-2018

• File #: Int 0905-2018
• Version: A
• Name: Requiring employers to implement a lactation room accommodation policy.
• Type: Introduction
• Status: Enacted
• File created: 5/9/2018
• In control: Committee on Women and Gender Equity
• On agenda: 5/9/2018
• Final action: 11/17/2018
• Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring employers to implement a lactation room accommodation policy
• Sponsors: Carlina Rivera , Laurie A. Cumbo, Keith Powers , Diana I. Ayala, Fernando Cabrera , Costa G. Constantinides, Ben Kallos, Helen K. Rosenthal, Alicka Ampry-Samuel , Brad S. Lander, Adrienne E. Adams, Stephen T. Levin, Inez D. Barron

Date	Ver.	Action By	Action	Result
11/19/2018	A	City Council	Returned Unsigned by Mayor
11/17/2018	A	Administration	City Charter Rule Adopted
10/17/2018	A	City Council	Sent to Mayor by Council
10/17/2018	A	City Council	Approved by Council	Pass
10/15/2018	*	Committee on Women and Gender Equity	Hearing Held by Committee
10/15/2018	A	Committee on Women and Gender Equity	Approved by Committee	Pass
10/15/2018	*	Committee on Women and Gender Equity	Amendment Proposed by Comm
10/15/2018	*	Committee on Women and Gender Equity	Amended by Committee
6/19/2018	*	Committee on Governmental Operations	Laid Over by Committee
6/19/2018	*	Committee on Governmental Operations	Hearing Held by Committee
6/19/2018	*	Committee on Women and Gender Equity	Laid Over by Committee
6/19/2018	*	Committee on Women and Gender Equity	Hearing Held by Committee
5/9/2018	*	City Council	Referred to Comm by Council
5/9/2018	*	City Council	Introduced by Council

Int. No. 905-A

By Council Members Rivera, Cumbo, Powers, Ayala, Cabrera, Constantinides, Kallos, Rosenthal, Ampry-Samuel, Lander, Adams, Levin and Barron

A Local Law to amend the administrative code of the city of New York, in relation to requiring employers to implement a lactation room accommodation policy

Be it enacted by the Council as follows:

                     Section 1. Subdivision 22 of section 8-107 of the administrative code of the city of New York is amended by adding a new paragraph (c) to read as follows:

(c) Employer lactation room accommodation policy.

(i) An employer shall develop and implement a written policy regarding the provision of a lactation room, which shall be distributed to all employees upon hiring. The policy shall include a statement that employees have a right to request a lactation room, and identify a process by which employees may request a lactation room. This process shall:

(1) Specify the means by which an employee may submit a request for a lactation room;

(2) Require that the employer respond to a request for a lactation room within a reasonable amount of time not to exceed five business days;

(3) Provide a procedure to follow when two or more individuals need to use the lactation room at the same time, including contact information for any follow up required;

(4) State that the employer shall provide reasonable break time for an employee to express breast milk pursuant to section 206-c of the labor law; and

(5) State that if the request for a lactation room poses an undue hardship on the employer, the employer shall engage in a cooperative dialogue, as required by subdivision 28 of this section.

(ii) The commission shall, in collaboration with the department of health and mental hygiene, develop a model lactation room accommodation policy that conforms to the requirements of this subdivision and a model lactation room request form. The commission shall make such model policy and request form available on its website.

(iii) The existence of a lactation room accommodation policy pursuant to this subdivision shall not affect an individual’s right to breastfeed in public pursuant to article 7 of the civil rights law.

§ 2. This local law takes effect on the same date as a local law amending the administrative code of the city of New York, relating to requiring certain employers to provide lactation rooms, as proposed in introduction number 879-A for the year 2018, takes effect, except that the commission on human rights shall take such measures as necessary for this implementation of this local law, including the promulgation of rules, before such date.

AB / BM

LS #6752

10/9/18 8:00 p,m.