What's happening
This bill updates the definition of "pregnancy-related condition" in New York law to explicitly include lactation.
Why it matters
Explicitly including lactation as a "pregnancy-related condition" strengthens legal protections for breastfeeding individuals. , ensuring they are covered under anti-discrimination laws related to pregnancy and childbirth in employment and other areas.
This change obligates employers to provide reasonable accommodations for lactation needs. , such as breaks or private spaces, unless doing so would create an undue hardship, aligning workplace expectations with the realities of postpartum health.
By specifying lactation in the law, the amendment clarifies any previous ambiguity. , reducing the risk that lactating employees might be denied their rights because lactation was not explicitly referenced, and potentially making enforcement of these rights easier.
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Who cares
Lactating workers and job applicants
The bill would explicitly include lactation in the definition of a pregnancy-related condition, subject to the existing employment qualification tied to reasonable accommodations and job performance.
Employers
The bill would expressly bring lactation within the pregnancy-related conditions covered by the law’s existing employment provisions.
Pregnancy and breastfeeding advocates
The bill would explicitly include lactation among pregnancy-related conditions treated as temporary disabilities under the article.
Headline styles
Include Lactation in Pregnancy Protections
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
History
- Substituted by A5975
- Advanced to third reading
- 2nd report cal.
- 1st report cal.246
- Referred to women's issues
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Include Lactation in Pregnancy Protections
Signed by Governor · Sponsor Karines Reyes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4211
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues
AN ACT to amend the executive law, in relation to amending the definition of pregnancy-related condition
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 21-f of section 292 of the executive law, as added by chapter 369 of the laws of 2015, is amended to read as follows:
21-f. The term "pregnancy-related condition" means a medical condition related to pregnancy or childbirth that inhibits the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, including but not limited to lactation; provided, however, that in all provisions of this article dealing with employment, the term shall be limited to conditions which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held; and provided further, however, that pregnancy-related conditions shall be treated as temporary disabilities for the purposes of this article.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10164-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to amending the definition of pregnancy-related condition
Purpose or general idea of bill
The purpose of this bill is to clarify that "lactation" is protected in the workplace.
Summary of provisions
Section one of the bill would amend the definition of "pregnancy related condition" within the Human Rights Law to include lactation.
Section two of the bill is the effective date.
Justification
Breastfeeding parents should be guaranteed the right to use break time to provide breast milk for their newborn children at work and the right to reasonable efforts by an employer to provide a private space to do so. This bill would ensure employers are following the Human Rights Law by clarifying that lactation is a pregnancy-related condition requiring employers to make reasonable accommodations in the workplace.
Prior legislative history
New Bill
Fiscal implications for state and local governments
Minimal
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.