Int. No. 905
By Council Members Rivera, Cumbo, Powers, Ayala, Cabrera and Constantinides
A Local Law to amend the administrative code of the city of New York, in relation to requiring employers to implement a lactation accommodation policy
Be it enacted by the Council as follows:
Section 1. Section 8-107 of the administrative code of the city of New York is amended by adding a new subdivision 31 to read as follows:
31. Employer Lactation Policies (a) Definitions. When used in this subdivision, the following terms have the following meanings:
Employer. The term "employer" has the same meaning as such term is defined in section 8-102 of this chapter, provided, however, that in an action pursuant to this section, the term “employer” shall include any employer, including those with fewer than four employees.
Lactation space. The term "lactation space" means a sanitary place that is not a restroom that can be used to breastfeed or express milk shielded from view and free from intrusion by coworkers and the public and which includes at minimum an electrical outlet, a chair, a surface to place a breast pump and other personal items and nearby access to running water.
(b) Employer lactation policy. An employer shall develop and implement a policy regarding lactation spaces to be distributed to all employees upon hiring. The policy shall:
(1) Include a statement that employees have a right to request a lactation space.
(2) Identify a process by which an employee may request a lactation space. This process shall:
(A) Specify the means by which an employee may submit a request for a lactation space.
(B) Require that the employer respond to a request for a lactation space within five business days.
(C) State that, if in response to a request for a lactation space, the employer does not provide a lactation space, the employer must provide the employee with a written response that identifies the basis upon which the employer has denied the request; and
(D) State that the employer shall provide reasonable break time to express breast milk pursuant to section 206-c of the labor law.
(c) Model lactation policy. The commission shall, in collaboration with the department of health and mental hygiene, create a model lactation policy that conforms to the requirements of paragraph (b) of this section and a model lactation space request form. The commission shall make such policy and request form available on its website.
(d) Retention of request records. An employer shall maintain a record of the initial written request or any update to the initial written request for a lactation space made pursuant to paragraph (b) of this subdivision. The record shall include the date of the request, and a description of how the employer resolved the request. Employers shall maintain these records for a period of three years from the date of the request, and shall allow the commission access to such records, with appropriate notice and at a mutually agreeable time, to review compliance with the requirements of this section.
(e) The presence of such lactation policy pursuant to this subdivision does 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 effective date as section 3 of local law 63 for the year 2018, 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
5/4/18, 12:10 pm