HF 4313

as introduced - 91st Legislature (2019 - 2020) Posted on 03/09/2020 01:32pm

A bill for an act
relating to employment; expanding applicability of pregnancy accommodations;
amending Minnesota Statutes 2018, section 181.939; repealing Minnesota Statutes
2018, section 181.9414.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 181.939, is amended to read:

181.939 NURSING MOTHERS new text begin AND PREGNANCY ACCOMMODATIONS new text end .

new text begin Subdivision 1. new text end

new text begin Nursing mothers. new text end

(a) An employer must provide reasonable unpaid
break time each day to an employee who needs to express breast milk for her infant child.
The break time must, if possible, run concurrently with any break time already provided to
the employee. An employer is not required to provide break time under this deleted text begin section deleted text end new text begin
subdivision new text end if to do so would unduly disrupt the operations of the employer.

(b) The employer must make reasonable efforts to provide a room or other location, in
close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from
view and free from intrusion from coworkers and the public and that includes access to an
electrical outlet, where the employee can express her milk in privacy. The employer would
be held harmless if reasonable effort has been made.

new text begin Subd. 2. new text end

new text begin Pregnancy accommodations. new text end

new text begin (a) An employer must provide reasonable
accommodations to an employee for health conditions related to pregnancy or childbirth if
she so requests, with the advice of her licensed health care provider or certified doula, unless
the employer demonstrates that the accommodation would impose an undue hardship on
the operation of the employer's business. A pregnant employee shall not be required to
obtain the advice of her licensed health care provider or certified doula, nor may an employer
claim undue hardship for the following accommodations: (1) more frequent restroom, food,
and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and
employer shall engage in an interactive process with respect to an employee's request for a
reasonable accommodation. "Reasonable accommodation" may include, but is not limited
to, temporary transfer to a less strenuous or hazardous position, seating, frequent restroom
breaks, and limits to heavy lifting. Notwithstanding any other provision of this subdivision,
an employer shall not be required to create a new or additional position in order to
accommodate an employee pursuant to this subdivision and shall not be required to discharge
an employee, transfer another employee with greater seniority, or promote an employee.
new text end

new text begin (b) Nothing in this subdivision shall be construed to affect any other provision of law
relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy,
childbirth, or health conditions related to pregnancy or childbirth under any other provisions
of any other law.
new text end

new text begin (c) An employer shall not require an employee to take a leave or accept an
accommodation.
new text end

new text begin Subd. 3. new text end

new text begin Employer. new text end

deleted text begin (c) deleted text end For the purposes of this section, "employer" means a person or
entity that employs one or more employees and includes the state and its political
subdivisions.

new text begin Subd. 4. new text end

new text begin No employer retribution. new text end

deleted text begin (d) deleted text end An employer deleted text begin may deleted text end new text begin shall new text end not retaliate against an
employee for asserting rights or remedies under this section.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 181.9414, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-7812

181.9414 PREGNANCY ACCOMMODATIONS.

Subdivision 1.

Accommodation.

An employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth if she so requests, with the advice of her licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. A pregnant employee shall not be required to obtain the advice of her licensed health care provider or certified doula, nor may an employer claim undue hardship for the following accommodations: (1) more frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and employer shall engage in an interactive process with respect to an employee's request for a reasonable accommodation. "Reasonable accommodation" may include, but is not limited to, temporary transfer to a less strenuous or hazardous position, seating, frequent restroom breaks, and limits to heavy lifting. Notwithstanding any other provision of this section, an employer shall not be required to create a new or additional position in order to accommodate an employee pursuant to this section, and shall not be required to discharge any employee, transfer any other employee with greater seniority, or promote any employee.

Subd. 2.

Interaction with other laws.

Nothing in this section shall be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way to diminish the coverage of pregnancy, childbirth, or health conditions related to pregnancy or childbirth under any other provisions of any other law.

Subd. 3.

No employer retribution.

An employer shall not retaliate against an employee for requesting or obtaining accommodation under this section.

Subd. 4.

Employee not required to take leave.

An employer shall not require an employee to take a leave or accept an accommodation.