2003 -- S 0151 SUBSTITUTE A
RELATING TO HEALTH AND SAFETY - - NURSING WORKING MOTHERS
Introduced By: Senators Perry, McCaffrey, Gibbs, Roberts, and Goodwin
Date Introduced: January 28, 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:
NURSING WORKING MOTHERS
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.