Int. No. 892
By Council Members Louis, Cabán, Ung, Gutiérrez, Farías, Hanif and Narcisse
A Local Law to amend the administrative code of the city of New York, in relation to supporting lactating individuals
Be it enacted by the Council as follows:
Section 1. Paragraph (c) of subdivision 22 of Section 8-107 of the administrative code of the city of New York, as added by local law 186 for the year 2018, is amended 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 and posted online. 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 180 days after it becomes law.
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LS # 9716
3/22/23 2:00 pm