PRIOR PRINTER'S NO. 1558

PRINTER'S NO.  2859

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1303

Session of

2009

  

  

INTRODUCED BY SOLOBAY, BARRAR, BRENNAN, BRIGGS, DePASQUALE, DONATUCCI, FRANKEL, HARKINS, KOTIK, MANN, MUNDY, JOSEPHS, FREEMAN, MURT, K. SMITH, McILVAINE SMITH AND SAMUELSON, APRIL 21, 2009

  

  

AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 9, 2009  

  

  

  

AN ACT

  

1

Amending the act of July 8, 2007 (P.L.90, No.28), entitled "An

2

act permitting a mother the freedom to nurse her child in

3

public; and providing that breastfeeding may not be

4

considered a nuisance, indecent exposure, sexual conduct or

5

obscenity," defining "breastfeeding"; and further providing

<--

6

for workplace and for breastfeeding by employees. further

<--

7

providing for declaration of policy; and providing for

8

definitions, for workplace protection, for violations and for

9

information.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

Section 1.  The act of July 8, 2007 (P.L.90, No.28), known as

<--

13

the Freedom to Breastfeed Act, is amended by adding sections to

14

read:

15

Section 2.1.  Definitions.

16

The following words and phrases when used in this act shall

17

have the meanings given to them in this section unless the

18

context clearly indicates otherwise:

19

"Breastfeed."  The feeding of a child with breast milk

20

directly from the breast.

 


1

Section 5.  Workplace.

2

Any employer, employment agency or labor organization shall

3

not refuse to hire or employ, bar or discharge from employment,

4

withhold pay, demote, penalize or otherwise discriminate against

5

an individual who is lactating because the individual

6

breastfeeds or expresses her breast milk at the workplace.

7

Section 6.  Breastfeeding by employees.

8

No employer shall prohibit an employee who is lactating from

9

expressing her breast milk during any meal period or other break

10

period required by law to be provided by the employer or

11

required by collective bargaining agreement.

12

Section 7.  Information.

13

The Department of Health and the Department of Labor shall

14

provide, to employees and employers, on their Internet websites

15

information and links to other websites where employees and

16

employers can access information concerning breastfeeding in the

17

workplace.

18

Section 1.  Section 2 of the act of July 8, 2007 (P.L.90,

<--

19

No.28), known as the Freedom to Breastfeed Act, is amended to

20

read:

21

Section 2.  Declaration of policy.

22

The General Assembly finds that breastfeeding a baby is an

23

important and basic act of nurturing that must be protected in

24

the interests of maternal and child health and family values,

25

and increased attention must be paid to the needs of

26

breastfeeding children and mothers who breastfeed or express

27

breast milk.

28

Section 2.  The act is amended by adding sections to read:

29

Section 2.1.  Definitions.

30

The following words and phrases when used in this act shall

- 2 -

 


1

have the meanings given to them in this section unless the

2

context clearly indicates otherwise:

3

"Department."  The Department of Labor and Industry of the

4

Commonwealth.

5

"Employee."  Any individual employed by an employer.

6

"Employer."  The term shall have the meaning given to it in

7

the act of October 27, 1955 (P.L.744, No.222), known as the

8

Pennsylvania Human Relations Act.

9

"Employment agency."  The term shall have the meaning given

10

to it in the act of October 27, 1955 (P.L.744, No.222), known as

11

the Pennsylvania Human Relations Act.

12

"Labor organization."  The term shall have the meaning given

13

to it in the act of October 27, 1955 (P.L.744, No.222), known as

14

the Pennsylvania Human Relations Act.

15

Section 5.  Workplace protection.

16

An employer, employment agency or labor organization shall

17

not:

18

(1)  Refuse to hire or employ, bar or discharge from

19

employment, withhold pay, demote, penalize or otherwise

20

discriminate against an individual:

21

(i)  on the basis that the individual is lactating;

22

or

23

(ii)  who files a complaint in accordance with

24

section 6.

25

(2)  Prohibit an employee who is lactating from

26

expressing her breast milk during any meal period or other

27

break period provided by the employer, employment agency or

28

labor organization or required by collective bargaining

29

agreement.

30

Section 6.  Violations.

- 3 -

 


1

(a)  Complaints.--An individual claiming to be aggrieved by a

2

violation of section 5 may file a complaint with the department

3

within 90 days after the alleged violation.

4

(b)  Form.--The department shall develop and post on its

5

Internet website a form for individuals to use in filing a

6

complaint with the department in respect to a violation under

7

section 5. 

8

(c)  Notice.--Within 30 days of receipt of a complaint, the

9

department shall provide the employer, employment agency or

10

labor organization with a copy of the complaint.

11

(d)  Response.--An employer, employment agency or labor

12

organization shall have 30 days from receipt of the complaint to

13

respond in writing to the department regarding the complaint.

14

(e)  Determination by department.--Within 90 days of receipt

15

of a complaint, the department shall notify the complainant and

16

employer, employment agency or labor organization of a

17

determination as to whether a violation has occurred and whether

18

a civil penalty shall be assessed by the department.

19

(f)  Penalties.--Upon a determination by the department that

20

a violation has occurred, the department may assess a civil

21

penalty not to exceed $300 for a first violation and $1,000 for

22

each subsequent violation of section 5.

23

(g)  Additional remedies preserved.--Nothing in this act

24

shall be construed to impair any existing statutory or common

25

law rights, powers or duties or bar the relief otherwise

26

available under the law to the complainant.

27

Section 7.  Information.

28

The department and Department of Health shall make available

29

to the general public on the departments' Internet websites

30

information and links to other websites where the public can

- 4 -

 


1

access information concerning breastfeeding and expressing

2

breast milk, including information relating to expressing breast

3

milk, in the workplace. The department shall make available on

4

its Internet website information to assist and encourage

5

employers, employment agencies and labor organizations to

6

provide a room or other location in close proximity to the work

7

area, other than a toilet stall, where an employee can express

8

breast milk in privacy.

9

Section 2 3.  This act shall take effect in 60 days.

<--

- 5 -

 


See other bills
under the
same topic