Human Resources Management for Public and Nonprofit Organizations

The Legal Environment of Human Resources Management 85

Exercise 3.2: State and Local Laws on

Human Resources Management

New York

According to New York State ’ s Labor Law, section 206 - c, all employers,

regardless of size, are required to provide breast - feeding employees with

reasonable unpaid break time or permit them to use paid break time or

mealtime each day to express breast milk for their nursing child, for up

to three years following the child ’ s birth. The law also requires employers to

make reasonable efforts to provide a room or other location “ in close

proximity ” to the work areas where breast - feeding employees can express

breast milk in privacy. The law prohibits discrimination “ in any way ”

against employees who choose to express breast milk in the workplace.

New York joins California, Connecticut, Georgia, Hawaii, Illinois,

Minnesota, Mississippi, New Mexico, Oklahoma, Oregon, Rhode Island,

Tennessee, and Virginia in having passed laws protecting a nursing mother ’ s

right to express breast milk in the workplace.

California

California law requires public and private employers who employ over

twenty - five employees to provide up to ten days of unpaid leave for a

“ qualifi ed ” employee if the employee ’ s military spouse is on a leave period

from deployment in a combat zone with the active duty, reserve military,

or National Guard during a period of military confl ict. To be eligible, an

employee must be the spouse of a qualifi ed member of the military. The

term spouse includes registered domestic partners. However, requests for

family leave from a same - sex registered domestic partner will be uncom-

mon, as service members are still forbidden under military regulations

from registering as same - sex domestic partners. A qualifi ed employee is

one who works an average of twenty or more hours per week but does not

include independent contractors. The law also makes it unlawful for an

employer to retaliate against a qualifi ed employee for requesting or taking

leave permitted by the new law.

Ohio

The Ohio Civil Rights Commission proposed an expansion of benefi ts for

pregnant workers that requires employers to offer maternity leaves exceeding