RESOLUTION NO. 101
ESTABLISHING A POLICY THAT ALL COUNTY OFFICE BUILDINGS BE EQUIPPED WITH LACTATION ROOMS FOR NURSING EMPLOYEES AND AMENDING THE 2022 ALBANY COUNTY BUDGET
Introduced: 3/14/22
By Ms. Cunningham, Messrs. A. Joyce, Feeney, Miller, R. Joyce, Ms. Willingham, Messrs. Beston, Bruschi, Ms. Chapman, Messrs. Clay, Cleary, Commisso, Domalewicz, Efekoro, Ethier, Fein, Kuhn, Ms. Lekakis, Mr. Mayo, Mss. McLaughlin, Plotsky, Messrs. Reinhardt, Ricard, Smith, Ward, Burgdorf, Collins, Drake, Grimm, Ms. Lockart, Mr. Mauriello, Ms. McLean Lane, Messrs. O’Brien, Perlee, Peter, Reidy, Simpson, Tunny and Ms. Whalen:
WHEREAS, New York State Labor Law 206-c establishes that nursing mothers have the right to express breast milk at the place of their employment, and
WHEREAS, Section 206-c further directs that an employer shall make reasonable efforts to provide a room or other location so that an employee can express breast milk in privacy, and
WHEREAS, Albany County has a history of putting the needs of its employees first, and establishing a policy that provides a place to express breast milk without the need for making a reasonable accommodation is in the best interests of our employees, now, therefore be it
RESOLVED, By the Albany County Legislature, that it shall be the policy of Albany County that all Albany County office buildings be equipped with “lactation rooms” for nursing employees and, be it further
RESOLVED, That the term “lactation room” means a sanitary place, other than a restroom, that can be used to express breast milk shielded from view and free from intrusion and that includes at minimum an electrical outlet, a chair, a surface on which to place a breast pump and other personal items, and nearby access to running water and, be it further
RESOLVED, That such lactation rooms shall be in reasonable proximity to the workforce and a refrigerator suitable for breast milk storage shall also be made available if not currently and, be it further
RESOLVED, That if a room designated by the County of Albany to serve as a lactation room is also used for another purpose, the sole function of the room shall be as a lactation room while an employee is using the room to express breast milk. Where such mixed use room exists, there shall be a notice to other employees that the room is given preference for use as a lactation room and, be it further
RESOLVED, That guidance for the implementation of this policy may be found in the New York State Department of Labor, Division of Labor Standards: Guidelines Regarding the Rights of Nursing Mothers to Express Breast Milk in the Work Place, and be it further
RESOLVED, That the County Executive is hereby authorized and encouraged to work with the Department of General Services and take any and all steps necessary to effectuate this County policy as soon as possible, and be it further
RESOLVED, That the 2021 Albany County Budget is amended as follows:
Decrease Appropriation Account A1990.4 by $75,000 by decreasing Line Item A1990 4 4999 Misc Contractual Expense by $75,000
Increase Appropriation Account A1620.4 by $75,000 by increasing Line Item A1620 4 4024 Housekeeping Supplies by $75,000
and, be it further
RESOLVED, That the Clerk of the County Legislature is directed to forward certified copies of this resolution to the appropriate County Officials.
Referred to Health Committee - 3/14/22
Favorable Recommendation Health Committee - 3/31/22
Adopted by unanimous vote - 4/11/22