| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| 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 |
| |
1 | Providing for the Workplace Accommodations for Nursing Mothers |
2 | Act. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Workplace |
7 | Accommodations for Nursing Mothers Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Department." The Department of Health of the Commonwealth. |
13 | "Employer." A person engaged in business who has one or more |
14 | employees. This shall include the Commonwealth and any of its |
15 | political subdivisions. |
16 | "Reasonable efforts." Any effort that would not impose an |
17 | undue hardship on the operation of an employer's business. |
|
1 | "Undue hardship." Any action that requires significant |
2 | difficulty or expense when considered in relation to factors |
3 | such as the size of the business, the financial resources of the |
4 | business or the nature and structure of its operation, including |
5 | consideration of the special circumstances of public safety. |
6 | Section 3. Right of nursing mothers to express breast milk in |
7 | workplace. |
8 | (a) Breaktime.--An employer shall provide reasonable unpaid |
9 | breaktime or permit an employee to use paid breaktime, mealtime |
10 | or both, each day to allow the employee to express breast milk |
11 | for her nursing child for up to two years after the child's |
12 | birth. |
13 | (b) Room.--The employer shall make reasonable efforts to |
14 | provide a room or other location in close proximity to the work |
15 | area, other than a toilet stall, where an employee can express |
16 | breast milk in privacy. |
17 | (c) Accommodation.--An employer that makes reasonable |
18 | efforts to accommodate an employee who chooses to express breast |
19 | milk in the workplace shall be deemed to be in compliance with |
20 | the requirements of this section. |
21 | (d) Internet website.--The department shall provide, on its |
22 | Internet website, information and links to other websites where |
23 | employers can access information regarding methods to |
24 | accommodate nursing mothers in the workplace. The department |
25 | shall consult with appropriate organizations or associations to |
26 | determine the appropriate information and website links to |
27 | provide on the department's website so as to provide employers |
28 | with the most accurate and useful information available. |
29 | (e) Nonbinding mediation.--Before an employee may seek |
30 | litigation for a violation of this section, there shall be |
|
1 | nonbinding mediation between the employer and the employee. |
2 | Section 4. Effective date. |
3 | This act shall take effect in 60 days. |
|