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7 LONG TITLE
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
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 34-49-101 is enacted to read:
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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:
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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 (3) A public employer shall provide access to a clean and well-maintained refrigerator
79 or freezer for the temporary storage of the public employee's breast milk.
80 Section 5. Section 34-49-203 is enacted to read:
81 34-49-203. Policies.
82 A public employer shall adopt written policies that:
83 (1) support breastfeeding; and
84 (2) identify the means by which the public employer will comply with Section
85 34-49-202.
86 Section 6. Section 34-49-204 is enacted to read:
87 34-49-204. Discrimination prohibited.
88 A public employer may not refuse to hire, promote, discharge, demote, or terminate a
89 person, or may not retaliate against, harass, or discriminate in matters of compensation or in
90 terms, privileges, and conditions of employment against a person otherwise qualified because
91 the person breastfeeds or expresses milk in the workplace.
Legislative Review Note
as of 1-30-15 12:59 PM
Office of Legislative Research and General Counsel