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Bill

S 8667

Relates to employee access to lactation rooms in the workplace

2025 Regular Session Introduced by Cordell Cleare

Gives nursing employees a legally protected right to a dedicated lactation room or nearby private space, with defined standards, notice, and a five‑day response requirement.

REFERRED TO LABOR
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Bill Summary · S 8667

Bill overview

  • Bill: S 8667 (New York, 2025-2026)
  • Topic: Employee access to lactation rooms in the workplace
  • Sponsor: Sen. Cordell Cleare
  • Status: Introduced January 7, 2026; referred to the Senate Committee on Labor
  • Effective date: Immediate

Main purpose and intent

The bill amends the New York labor law to strengthen and codify employees’ rights to express breast milk in the workplace. It builds on prior lactation accommodations by specifying design requirements for lactation spaces, clarifying notice and policy obligations for employers, and establishing a clear timeframe for employer responses to lactation room requests.

Key provisions and changes

  1. Lactation room requirements (Section 206-c, subdivisions 2(a)-(d))

    • Upon a written request, an employer must designate a room or other location for expressing breast milk.
    • The space must be:
      • Hygienic
      • Close to the work area
      • Well lit
      • Shielded from view
      • Free from intrusion by other persons or the public
      • Equipped with at least: a chair, a working surface, a refrigerator (for lactation-related use only), nearby access to clean running water, and an electrical outlet if the workplace has electricity
      • Not a restroom or toilet stall and located outside the public restroom confines
    • If the space has other primary functions, it must be made available for expressing milk when needed and not used for other activities during that time.
    • Employers must promptly notify all employees when the room is designated for lactation use.
    • If full compliance with the above is impracticable due to undue hardship, employers must make reasonable efforts to provide a near-by private space (not a restroom) in proximity to the work area for expressing milk. This provision does not exempt employers from other obligations under the section.

  2. Refrigeration access (Section 206-c, 2(d))

    • If the workplace has refrigeration, it must be extended for storing expressed milk.

  3. Employer policies and communication (Section 206-c, 3)

    • The New York State Department of Labor Commissioner must develop and implement a written policy on nursing employees’ rights to express milk in the workplace.
    • Employers must provide this policy to:
      • Each employee upon hire
      • Each employee annually
      • Employees returning to work after childbirth
    • The policy must be publicly posted in clear locations (common/break areas, employee handbook if provided) and accessible on the employer’s website or internet.
    • Policy content must:
      • Inform employees of their rights under the section
      • Specify how to submit a request for a lactation room
      • Require a response from the employer within a reasonable timeframe, not exceeding five business days

Who and what is affected

  • Employers: Must designate lactation spaces or suitable alternatives, ensure space meets the specified criteria, provide refrigeration where available, notify employees of designation, and implement the commissioner’s policy; respond to requests within five business days.
  • Employees who are nursing mothers: Gain a legally codified right to a dedicated lactation room or private space near their work area, with minimum standards and timely administrative processing.
  • State agencies and the public: The commissioner will publish a standard written policy that employers must implement and distribute.

Procedural and timeline aspects

  • Immediate effect: The act takes effect upon enactment.
  • Policy development: The NY State Department of Labor Commissioner must develop and implement the required written policy.
  • Employer dissemination: Policy must be provided to new hires, annually, and to employees returning after childbirth; posted in visible locations and online.
  • Response timeline: Employers must respond to a lactation room request within five business days.

Potential impact and considerations

  • Enhanced privacy, accessibility, and safety standards for lactation spaces.
  • Greater consistency across workplaces through a standardized state policy.
  • Possible modest compliance costs for employers to meet space and notice requirements, particularly for smaller employers or those with limited on-site space.
  • Clarifies that lactation areas should be distinct from restrooms and should remain dedicated during use.

Compiled from official sources — confirm details with the bill’s official record.

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