Minnesota Legislature Amends Lactation Breaks and Pregnancy Accommodation Provisions | Jackson Lewis PC


As part of the Omnibus Jobs and Economic Growth Policy and Financing Bill, Minnesota Gov. Tim Walz approved an amendment relating to pregnancy accommodations and prohibiting reduction in compensation for women. breastfeeding breaks, among other changes. The amendment comes into force on January 1, 2022.

Under Minnesota law, employers must provide employees who need to express breast milk for their infants reasonable break times each day. The amendment prohibits an employer from reducing an employee’s compensation for time spent expressing milk. The amendment also includes language that limits an employer’s obligation to 12 months after the birth of the child. Employers can always request that these breastfeeding breaks be split over regular meal or rest breaks; but if not, they cannot pay dock.

Additionally, the amendment combined Minnesota’s laws relating to breastfeeding mothers, employees, and pregnancy accommodation into one section, section 181.939 of the Minnesota law. The law on pregnancy accommodation remains largely the same; however, under the amendment, coverage applies to all employers with at least 15 employees (not at least 21) and there is no more duration or average number of hours per week than an employee must meet to be eligible for accommodation rights and protections under the statute.


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