New York City Council Header
File #: Int 0905-2018    Version: Name: Requiring employers to implement a lactation room accommodation policy.
Type: Introduction Status: Enacted
Committee: Committee on Women
On agenda: 5/9/2018
Enactment date: 11/17/2018 Law number: 2018/186
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 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
Council Member Sponsors: 13
Summary: This bill would require employers in the City to establish, and distribute to all new employees, policies describing lactation room accommodations, including the process by which an employee can request such accommodation. The bill would also require the New York City Commission on Human Rights to establish and make available a model lactation room accommodation policy.
Attachments: 1. Summary of Int. No. 905-A, 2. Summary of Int. No. 905, 3. Int. No. 905, 4. May 9, 2018 - Stated Meeting Agenda with Links to Files, 5. Committee Report 6/19/18, 6. Hearing Testimony 6/19/18, 7. Hearing Transcript 6/19/18, 8. Proposed Int. No. 905-A - 10/10/18, 9. Committee Report 10/15/18, 10. Hearing Transcript 10/15/18, 11. October 17, 2018 - Stated Meeting Agenda with Links to Files, 12. Fiscal Impact Statement, 13. Hearing Transcript - Stated Meeting 10-17-18
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/19/2018ACarlina Rivera City Council Returned Unsigned by Mayor  Action details Meeting details Not available
11/17/2018ACarlina Rivera Administration City Charter Rule Adopted  Action details Meeting details Not available
10/17/2018ACarlina Rivera City Council Sent to Mayor by Council  Action details Meeting details Not available
10/17/2018ACarlina Rivera City Council Approved by CouncilPass Action details Meeting details Not available
10/15/2018*Carlina Rivera Committee on Women Hearing Held by Committee  Action details Meeting details Not available
10/15/2018*Carlina Rivera Committee on Women Amendment Proposed by Comm  Action details Meeting details Not available
10/15/2018*Carlina Rivera Committee on Women Amended by Committee  Action details Meeting details Not available
10/15/2018ACarlina Rivera Committee on Women Approved by CommitteePass Action details Meeting details Not available
6/19/2018*Carlina Rivera Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
6/19/2018*Carlina Rivera Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
6/19/2018*Carlina Rivera Committee on Women Laid Over by Committee  Action details Meeting details Not available
6/19/2018*Carlina Rivera Committee on Women Hearing Held by Committee  Action details Meeting details Not available
5/9/2018*Carlina Rivera City Council Referred to Comm by Council  Action details Meeting details Not available
5/9/2018*Carlina Rivera City Council Introduced by Council  Action details Meeting details Not available

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.