5/12/2015Nursing Mothers in the WorkplaceGeneral ProvisionsAmended by Chapter 9, 2025 Special Session 12025Definitions.As used in this chapter:"Public employee" means a person:employed by a public employer; andwho is breastfeeding."Public employer" means the following entities:a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government;a municipality;a county;a school district; oran institution of higher education as described in Section 53H-1-102.Breastfeeding in the WorkplaceEnacted by Chapter 156, 2015 General Session2015Title.This part is known as "Breastfeeding in the Workplace."Amended by Chapter 330, 2016 General Session2016Reasonable breaks and private room required.
A public employer shall:
provide for at least one year after the birth of a public employee's child reasonable breaks for each time the public employee needs to breast feed or express milk; and
consult with the public employee to determine the frequency and duration of the breaks.
A break required under Subsection (1)(a) shall, to the extent possible, run concurrent with any other break period otherwise provided to the public employee.
A public employer shall provide for a public employee a room or other location in close proximity to the public employee's work area.
The room described in Subsection (2)(a):
may not be a bathroom or toilet stall; and
shall:
be maintained in a clean and sanitary condition;
provide privacy shielded from the view of and intrusion from coworkers or the public;
be available at the times and for a duration required by the public employee as determined in consultation with the public employee under Subsection (1)(a)(ii); and
have an electrical outlet.
Notwithstanding Subsection (2)(a), an employer is not required to comply with the requirements of Subsections (2)(a) and (b) if compliance would create an undue hardship on the operations of the employer.
For purposes of Subsection (2)(c)(i), an undue hardship is a requirement that would cause the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's operations.
A public employer shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of the public employee's breast milk.
Notwithstanding Subsection (3)(a), a public employer with a public employee not working in an office building may, in the alternative, provide a nonelectric insulated container for storage of the public employee's breast milk. Enacted by Chapter 156, 2015 General Session2015Policies.A public employer shall adopt written policies that:
support breastfeeding; and
identify the means by which the public employer will comply with Section 34-49-202.Enacted by Chapter 156, 2015 General Session2015Discrimination prohibited.A public employer may not refuse to hire, promote, discharge, demote, or terminate a person, or may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified because the person breastfeeds or expresses milk in the workplace.