Chief Sponsor: Justin J. Miller

Senate Sponsor: Jani Iwamoto


8     General Description:
9          This bill enacts language related to the accommodation of public employees who are
10     breastfeeding.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires a public employer to:
15               •     provide reasonable breaks for a public employee who is breastfeeding;
16               •     provide a public employee access to a room with privacy and a refrigerator for
17     breastfeeding purposes; and
18               •     adopt policies to support breastfeeding; and
19          ▸     prohibits a public employer from discriminating against an employee who is
20     breastfeeding in the workplace.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          34-49-101, Utah Code Annotated 1953
28          34-49-102, Utah Code Annotated 1953
29          34-49-201, Utah Code Annotated 1953

30          34-49-202, Utah Code Annotated 1953
31          34-49-203, Utah Code Annotated 1953
32          34-49-204, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 34-49-101 is enacted to read:

Part 1. General Provisions

38          34-49-101. Title.
39          (1) This chapter is known as "Nursing Mothers in the Workplace."
40          (2) This part is known as "General Provisions."
41          Section 2. Section 34-49-102 is enacted to read:
42          34-49-102. Definitions.
43          As used in this chapter:
44          (1) "Public employee" means a person:
45          (a) employed by a public employer; and
46          (b) who is breastfeeding.
47          (2) "Public employer" means the following entities:
48          (a) a department, division, board, council, committee, institution, office, bureau, or
49     other similar administrative unit of the executive branch of state government;
50          (b) a municipality;
51          (c) a county;
52          (d) a school district; or
53          (e) an institution of higher education as described in Section 53B-2-101.
54          Section 3. Section 34-49-201 is enacted to read:
Part 2. Breastfeeding in the Workplace

56          34-49-201. Title.
57          This part is known as "Breastfeeding in the Workplace."

58          Section 4. Section 34-49-202 is enacted to read:
59          34-49-202. Reasonable breaks and private room required.
60          (1) (a) A public employer shall:
61          (i) provide for at least one year after the birth of a public employee's child reasonable
62     breaks for each time the public employee needs to breast feed or express milk; and
63          (ii) consult with the public employee to determine the frequency and duration of the
64     breaks.
65          (b) A break required under Subsection (1)(a) shall, to the extent possible, run
66     concurrent with any other break period otherwise provided to the public employee.
67          (2) (a) A public employer shall provide for a public employee a room or other location
68     in close proximity to the public employee's work area.
69          (b) The room described in Subsection (2)(a):
70          (i) may not be a bathroom or toilet stall; and
71          (ii) shall:
72          (A) be maintained in a clean and sanitary condition;
73          (B) provide privacy shielded from the view of and intrusion from coworkers or the
74     public;
75          (C) be available at the times and for a duration required by the public employee as
76     determined in consultation with the public employee under Subsection (1)(a)(ii); and
77          (D) have an electrical outlet.
78          (c) (i) Notwithstanding Subsection (2)(a), an employer is not required to comply with
79     the requirements of Subsections (2)(a) and (b) if compliance would create an undue hardship
80     on the operations of the employer.
81          (ii) For purposes of Subsection (2)(c)(i), an undue hardship is a requirement that would
82     cause the employer significant difficulty or expense when considered in relation to the size,
83     financial resources, nature, or structure of the employer's operations.
84          (3) A public employer shall provide access to a clean and well-maintained refrigerator
85     or freezer for the temporary storage of the public employee's breast milk.

86          Section 5. Section 34-49-203 is enacted to read:
87          34-49-203. Policies.
88          A public employer shall adopt written policies that:
89          (1) support breastfeeding; and
90          (2) identify the means by which the public employer will comply with Section
91     34-49-202.
92          Section 6. Section 34-49-204 is enacted to read:
93          34-49-204. Discrimination prohibited.
94          A public employer may not refuse to hire, promote, discharge, demote, or terminate a
95     person, or may not retaliate against, harass, or discriminate in matters of compensation or in
96     terms, privileges, and conditions of employment against a person otherwise qualified because
97     the person breastfeeds or expresses milk in the workplace.