Download Zipped Amended WordPerfect HB0252S01.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute H.B. 252
This document includes House Committee Amendments incorporated into the bill on Thu, Mar 4, 2010 at 3:35 PM by jeyring. -->
8 LONG TITLE
9 General Description:
10 This bill modifies the provisions related to labor in general to provide for requirements
11 related to an employer accommodating an employee who chooses to H. [
11a breastfeed .H .
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . specifies what accommodations are required to be made;
16 . requires posting; and
17 . establishes a private right of action.
18 Monies Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 34-47-101, Utah Code Annotated 1953
25 34-47-102, Utah Code Annotated 1953
26 34-47-201, Utah Code Annotated 1953
27 34-47-202, Utah Code Annotated 1953
28 34-47-301, Utah Code Annotated 1953
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 34-47-101 is enacted to read:
32a A BREASTFEEDING .H ACT
34 34-47-101. Title.
35 This chapter is known as the "Workplace Accommodations for H. [
35a Breastfeeding Parent .H Act."
36 Section 2. Section 34-47-102 is enacted to read:
37 34-47-102. Definitions.
38 As used in this chapter:
39 (1) "Employee's child" means a child:
40 (a) to whom the employee gives birth; or
41 (b) who is adopted by the employee.
42 (2) "Employer" means a person employing H. [
42a the state for
43 each working day in each of 20 calendar weeks or more in the current or preceding calendar
45 (3) "Express breast milk" means an act intended to extract milk from the breasts of a
46 lactating woman.
47 (4) "Reasonable" means that an accommodation does not impose an undue hardship on
48 the operation of the employer's business.
49 (5) "Undue hardship" means an accommodation that H. :
49a (a) has a significant detrimental impact on the ability of another employee to perform
49b that employee's work duties; or
49c (b) .H requires significant difficulty or
50 expense when considered in relation to factors such as:
51 H. [
52 H. [
53 H. [
54 H. [
55 Section 3. Section 34-47-201 is enacted to read:
57 34-47-201. Employer to accommodate.
58 (1) Subject to the other requirements of this chapter, if an employee is H. [
58a breastfeeding .H
59 the employee's child, an employer shall:
60 (a) for at least one year after the day on which the employee's child is born, provide
61 time for the employee to express breast milk for benefit of the employee's child; and
62 (b) make reasonable efforts to provide a location in close proximity to the employee's
63 work area H. [
63a privacy for
64 benefit of the employee's child.
65 (2) H. (a) .H An employer may comply with Subsection (1)(a) by:
66 H. [
67 H. [
67a H. (b) An employer is considered to have made reasonable efforts for purposes of
67b Subsection (1)(b):
67c (i) without providing a separate location from the employee's normal work area, if the
67d employee's normal work area provides sufficient privacy so that the employee may express
67e breast milk without being observed while expressing breast milk; or
67f (ii) by providing a separate location from the employee's normal work area, if the
67g separate location:
67h (A) is within:
67i (I) the same physical structure as is located the employee's normal work area; or
67j (II) a physical structure in which the employer conducts business that is adjacent to
67k where the employee's normal work area is located;
67l (B) is in sufficient proximity to the employee's normal work area so that the employee
67m can directly leave the employee's normal work area, express breast milk, and directly return to
67n the employee's normal work area during the period of time described in Subsection (1)(a);
67o (C) is sanitary, and not a toilet stall; and
67p (D) provides sufficient privacy so that the employee can express breast milk without
67q being observed while expressing breast milk. .H
68 (3) An employer that makes reasonable efforts to accommodate an employee who
69 chooses to express breast milk at work is considered to be in compliance with this section.
70 Section 4. Section 34-47-202 is enacted to read:
71 34-47-202. Posting required.
72 (1) An employer shall post a notice that the employer is required to accommodate in
73 accordance with this chapter an employee who chooses to H. [
73a employee's child.
74 (2) An employer shall post the notice required under this section conspicuously at or
75 near the place of work where the employer posts notices related to employment discrimination
76 or workers' compensation.
77 Section 5. Section 34-47-301 is enacted to read:
79 34-47-301. Private action.
80 (1) An individual claiming to be aggrieved by an alleged violation by the individual's
81 employer may bring an action in a court of competent jurisdiction for a violation of this
83 (2) If a court finds a violation of this chapter, the court may:
84 (a) impose an injunction against committing any further violation of this chapter;
85 (b) award the individual up to $1,000;
86 (c) award the individual who is aggrieved attorney fees and costs; or
87 (d) take a combination of actions under this Subsection (2).
88 (3) An individual may not bring an action under this section more than two years from
89 the date the child is born for which the individual seeks accommodation under this chapter.
90 (4) An individual may not bring a class action for a violation of this chapter.
91 (5) An action under this chapter does not impair, avoid, or affect any right or cause of
92 action an individual may have under another law.
[Bill Documents][Bills Directory]