Chapter 053

Chapter 053

2003 -- H 5507 SUBSTITUTE A

Enacted 06/27/03


A N  A C T



     Introduced By: Representatives Giannini, Slater, Shavers, Ginaitt, and E Coderre

     Date Introduced: February 06, 2003



It is enacted by the General Assembly as follows:


     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

amended by adding thereto the following chapter:

     CHAPTER 13.2


     23-13.2-1. Workplace policies protecting a woman’s choice to breastfeed. - - (a) An

employer may provide reasonable unpaid break time each day to an employee who needs to

breastfeed or express breast milk for her infant child to maintain milk supply and comfort. The

break time must, if possible, run concurrently with any break time already provided to the

employee. An employer is not required to provide break time under this section if to do so would

create an undue hardship on the operations of the employer.

     (b) An employer shall make a reasonable effort to provide a private, secure and sanitary

room or other location in close proximity to the work area, other than a toilet stall, where an

employee can express her milk or breastfeed her child.

     (c) The department of health shall issue periodic reports on breastfeeding rates,

complaints received and benefits reported by both working breastfeeding mothers and employers.

     (d) As used in this section: “employer” means a person engaged in business who has one

or more employees, including the state and any political subdivision of the state; “employee”

means any person engaged in service to an employer in the business of the employer; “reasonable

efforts” means any effort that would not impose an undue hardship on the operation of the

employer’s business; and “undue hardship” means any action that requires significant difficulty

or expense when considered in relation to factors such as the size of the business, its financial

resources and the nature and structure of its operation.

     SECTION 2. This act shall take effect upon passage.


LC01104/SUB A