Revision: June 8, 2023, 11:19 a.m.
Sen. Perkins Kwoka, Dist 21
Sen. Whitley, Dist 15
June 6, 2023
2023-2156s
06/10
Floor Amendment to HB 358
Amend the title of the bill by replacing it with the following:
AN ACT relative to the filing and adoption of proposed administrative rules, and relative to policies relating to nursing mothers.
Amend the bill by replacing all after section 18 the following:
19 New Subdivision; Labor; Protective Legislation; Policies Relating to Nursing Mothers. Amend RSA 275 by inserting after section 77 the following new subdivision:
Policies Relating to Nursing Mothers
275:78 Definitions. In this subdivision:
I. "Employee" shall mean a person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit, but shall not include any individual who volunteers services for a public, charitable, or religious facility without expectation or promise of pay.
II. "Employer" shall mean a person, partnership, association, corporation, or legal representative of a person, partnership, association, or corporation, or the state or any of its political subdivisions, which has 6 or more employees working in the state.
III. "Expression of milk" means the initiation of lactation by manual or mechanical means, but shall not include breastfeeding.
IV. "Reasonable break period" shall mean an unpaid break of approximately 30 minutes for every 3 hours of work performed by a nursing employee for the purpose of expressing milk.
V. "Undue hardship" shall mean any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources and the nature and structure of its operation.
275:79 Notification of Policies.
I. Every employer shall adopt a policy to address the provision of sufficient space and reasonable break periods for nursing employees that need to express milk during working hours.
II. Every employer shall, at the time of hire, make available to its employees the employer's policy related to expression of milk during working hours.
III. A nursing employee shall notify its employer at least 2 weeks prior to needing reasonable break periods and sufficient space for expression of milk during work hours.
275:80 Sufficient Space.
I. Every employer shall provide access to reasonable, sufficient space, either temporary or permanent in nature, for the use of an employee to express milk for a nursing child for a period of one year from the date of birth of the child.
II. The location of the space provided shall be within a reasonable walk of the employee’s worksite, unless otherwise mutually agreed to by the employer and employee.
III. Sufficient space provided in accordance with this section shall not be a bathroom, and shall be a clean space shielded from view and free from intrusion from coworkers and the public.
(a) If the space is not solely for the use of employees expressing milk it shall be made available when requested to comply with the requirements set forth in this subdivision.
(b) If feasible, the room shall have, at a minimum, an electrical outlet and a chair.
275:81 Reasonable Break Period.
I. Every employer shall provide reasonable break periods to employees who need to express milk for a child for a period of one year from the date of birth of the child. Nothing in this section shall preclude an employer from negotiating with an employee reasonable break periods to express milk that are different from the requirements in this subdivision.
II. Nothing under this subdivision shall preclude an employee from taking a reasonable break period contemporaneously with break or meal periods already provided to the employee by the employer.
III. An employer shall not require an employee to make up time related to use of unpaid reasonable break periods.
275:82 Penalties. Any employer who violates any provision of this subdivision shall be subject to a one-time civil penalty pursuant to RSA 273:11-a.
275:83 Hardship Exemption. An employer may be exempted from this subdivision if providing reasonable break time and sufficient space for expressing milk would impose an undue hardship to the employer's operations.
I. Section 19 of this act, except for RSA 275:82, shall take effect July 1, 2025.
II. RSA 275:82, as inserted by section 19 of this act shall take effect July 1, 2026.
III. The remainder of this act shall take effect 60 days after its passage.
2023-2156s
AMENDED ANALYSIS
This bill makes various changes to the procedures for the filing and adoption of proposed administrative rules, and establishes minimum workplace supports for nursing mothers.