Effective January 1, 2022, amendments to the Nursing Mothers Statute (Minn. Stat. § 181.939) will take effect, expanding on provisions previously passed under the Women’s Economic Security Act (WESA).
Paid Breaks for Nursing and Lactating Parents
Employers with one (1) or more employees are required to provide paid lactation breaks for up to one year after the birth of the employee’s child. This is a change from the previous nursing mothers’ statute, which provided for reasonable unpaid break time for nursing mothers. If possible, these break times must run concurrently with any other break times already provided to the employee. Employers may also not reduce an employee’s compensation for time used for the purposes of lactating or expressing milk. Employers are not required to provide paid lactation break times if doing so would unduly disrupt the operations of the employer.
Pregnancy Accommodations
Employers with fifteen (15) or more employees will now be required to provide reasonable pregnancy accommodations unless doing so would cause an undue hardship on the operations of the business. The employer may require the employee to provide a note from a licensed health care provider or certified doula to verify the need for the accommodation. Examples of these “reasonable accommodations” related to pregnancy may include, but are not limited to, transfer to a less strenuous or hazardous position, more frequent restroom or food/water breaks, lifting limitations, seating for work, or unpaid lactation breaks beyond the first year after birth. A pregnant employee is not required to obtain the written note or advice of a health care provider or certified doula, nor may an employer claim undue hardship, for the following accommodations: (1) more frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over twenty (20) pounds. Additionally, employers may not retaliate against employees who assert rights or remedies under the pregnancy accommodation provisions.
What Should Employers Do?
Employers should review their handbook and/or policies and update as needed to be compliant with these new amendments, and supervisors/managers should be made aware of these rights and educated on how to handle lactation breaks and pregnancy accommodations.
If you have questions about these new protections or would like assistance developing or implementing compliant policies and procedures, reach out to one of the employment law attorneys at Blethen Berens – Julia Ketcham Corbett, Beth Serrill, or Alyssa Nelson.
