Bill Text: PA HB1300 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for the Workplace Accommodations for Nursing Mothers Act.

Spectrum: Moderate Partisan Bill (Democrat 19-3)

Status: (Introduced - Dead) 2011-04-06 - Referred to CHILDREN AND YOUTH [HB1300 Detail]

Download: Pennsylvania-2011-HB1300-Introduced.html

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PRINTER'S NO. 1467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1300 Session of2011
INTRODUCED BY JOSEPHS, MANN, KORTZ, BISHOP, M. O'BRIEN, JOHNSON, V. BROWN, CUTLER, M. SMITH, BRADFORD, J. TAYLOR, YOUNGBLOOD, DONATUCCI, BRENNAN, CALTAGIRONE, CARROLL, DALEY, FREEMAN, FABRIZIO, DAVIDSON, MURPHY AND MURT, APRIL 6, 2011
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 6, 2011
AN ACT
Providing for the Workplace Accommodations for Nursing Mothers
Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Workplace
Accommodations for Nursing Mothers Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Employer." A person engaged in business who has one or more
employees. This shall include the Commonwealth and any of its
political subdivisions.
"Reasonable efforts." Any effort that would not impose an
undue hardship on the operation of an employer's business.
"Undue hardship." Any action that requires significant
difficulty or expense when considered in relation to factors
such as the size of the business, the financial resources of the
business or the nature and structure of its operation, including
consideration of the special circumstances of public safety.
Section 3. Right of nursing mothers to express breast milk in
workplace.
(a) Breaktime.--An employer shall provide reasonable unpaid
breaktime or permit an employee to use paid breaktime, mealtime
or both, each day to allow the employee to express breast milk
for her nursing child for up to two years after the child's
birth.
(b) Room.--The employer shall make reasonable efforts to
provide a room or other location in close proximity to the work
area, other than a toilet stall, where an employee can express
breast milk in privacy.
(c) Accommodation.--An employer that makes reasonable
efforts to accommodate an employee who chooses to express breast
milk in the workplace shall be deemed to be in compliance with
the requirements of this section.
(d) Internet website.--The department shall provide, on its
Internet website, information and links to other websites where
employers can access information regarding methods to
accommodate nursing mothers in the workplace. The department
shall consult with appropriate organizations or associations to
determine the appropriate information and website links to
provide on the department's website so as to provide employers
with the most accurate and useful information available.
(e) Nonbinding mediation.--Before an employee may seek
litigation for a violation of this section, there shall be
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nonbinding mediation between the employer and the employee.
Section 4. Effective date.
This act shall take effect in 60 days.
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