Chapter 67

Chapter 67

2003 -- S 0151 SUBSTITUTE A

Enacted 6/27/02





     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:

     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.     


LC00941/SUB A