Background
Effective October 1, 2021, employers will have additional responsibilities to support lactating and nursing mothers in their workforce.
Summary
Governor Ned Lamont signed House Bill No 5158, “An Act Concerning Breastfeeding in the workplace,” to replace Connecticut General Statutes section 31-40w. Like the original statute, the Act asserts that an employee has a right to breastfeed or pump during their meal or break period. The Act encourages employers to make sufficient efforts to ensure the employee has a room in which to breastfeed or pump privately. The room should meet the following requirements:
- It must be free from disruption and sheltered from the public while the employee expresses breast milk.
- It must include or be situated near a refrigerator, or the employer must provide a portable cold storage device in which the employee can store breast milk.
- It must have access to an electrical outlet.
It is important to note that the Act will only apply if the accommodations do not create an undue hardship for the employer. The undue hardship must be determined on a case-by-case basis. Employers should have a diligence process in place to determine whether an undue hardship is met for any specific case within question.
Employers are prohibited from taking adverse action against an employee who exercises their rights under the Act.
Employers Next Steps
- If you are a Full-Service or Virtual HR client and would like our assistance with updating your policy, please email us.
- If you have further questions regarding this e-Alert, please email us.
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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.
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