| |
| PRIOR PRINTER'S NOS. 1558, 2859 | PRINTER'S NO. 3555 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY SOLOBAY, BARRAR, BRENNAN, BRIGGS, DePASQUALE, DONATUCCI, FRANKEL, HARKINS, KOTIK, MANN, MUNDY, JOSEPHS, FREEMAN, MURT, K. SMITH, McILVAINE SMITH, SAMUELSON, KORTZ AND LENTZ, APRIL 21, 2009 |
| |
| |
| AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 19, 2010 |
| |
| |
| |
| 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," further providing for declaration of policy; and |
6 | providing for definitions, for workplace protection, for | <-- |
7 | violations and providing for information. | <-- |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 2 of the act of July 8, 2007 (P.L.90, |
11 | No.28), known as the Freedom to Breastfeed Act, is amended to |
12 | read: |
13 | Section 2. Declaration of policy. |
14 | The General Assembly finds that breastfeeding a baby is an |
15 | important and basic act of nurturing that must be protected in |
16 | the interests of maternal and child health and family values, |
17 | and increased attention must be paid to the needs of |
18 | breastfeeding children and mothers who breastfeed or express |
19 | breast milk. |
|
1 | Section 2. The act is amended by adding sections a section | <-- |
2 | to read: |
3 | Section 2.1. Definitions. | <-- |
4 | The following words and phrases when used in this act shall |
5 | have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | "Department." The Department of Labor and Industry of the |
8 | Commonwealth. |
9 | "Employee." Any individual employed by an employer. |
10 | "Employer." The term shall have the meaning given to it in |
11 | the act of October 27, 1955 (P.L.744, No.222), known as the |
12 | Pennsylvania Human Relations Act. |
13 | "Employment agency." The term shall have the meaning given |
14 | to it in the act of October 27, 1955 (P.L.744, No.222), known as |
15 | the Pennsylvania Human Relations Act. |
16 | "Labor organization." The term shall have the meaning given |
17 | to it in the act of October 27, 1955 (P.L.744, No.222), known as |
18 | the Pennsylvania Human Relations Act. |
19 | Section 5. Workplace protection. |
20 | An employer, employment agency or labor organization shall |
21 | not: |
22 | (1) Refuse to hire or employ, bar or discharge from |
23 | employment, withhold pay, demote, penalize or otherwise |
24 | discriminate against an individual: |
25 | (i) on the basis that the individual is lactating; |
26 | or |
27 | (ii) who files a complaint in accordance with |
28 | section 6. |
29 | (2) Prohibit an employee who is lactating from |
30 | expressing her breast milk during any meal period or other |
|
1 | break period provided by the employer, employment agency or |
2 | labor organization or required by collective bargaining |
3 | agreement. |
4 | Section 6. Violations. |
5 | (a) Complaints.--An individual claiming to be aggrieved by a |
6 | violation of section 5 may file a complaint with the department |
7 | within 90 days after the alleged violation. |
8 | (b) Form.--The department shall develop and post on its |
9 | Internet website a form for individuals to use in filing a |
10 | complaint with the department in respect to a violation under |
11 | section 5. |
12 | (c) Notice.--Within 30 days of receipt of a complaint, the |
13 | department shall provide the employer, employment agency or |
14 | labor organization with a copy of the complaint. |
15 | (d) Response.--An employer, employment agency or labor |
16 | organization shall have 30 days from receipt of the complaint to |
17 | respond in writing to the department regarding the complaint. |
18 | (e) Determination by department.--Within 90 days of receipt |
19 | of a complaint, the department shall notify the complainant and |
20 | employer, employment agency or labor organization of a |
21 | determination as to whether a violation has occurred and whether |
22 | a civil penalty shall be assessed by the department. |
23 | (f) Penalties.--Upon a determination by the department that |
24 | a violation has occurred, the department may assess a civil |
25 | penalty not to exceed $300 for a first violation and $1,000 for |
26 | each subsequent violation of section 5. |
27 | (g) Additional remedies preserved.--Nothing in this act |
28 | shall be construed to impair any existing statutory or common |
29 | law rights, powers or duties or bar the relief otherwise |
30 | available under the law to the complainant. |
|
1 | Section 7 5. Information. | <-- |
2 | The department Department of Labor and Industry and | <-- |
3 | Department of Health shall make available to the general public |
4 | on the departments' Internet websites information and links to |
5 | other websites where the public can access information |
6 | concerning breastfeeding and expressing breast milk, including |
7 | information relating to expressing breast milk, in the | <-- |
8 | workplace. The department Department of Labor and Industry shall | <-- |
9 | make available on its Internet website information to assist and |
10 | encourage employers, employment agencies and labor organizations |
11 | to provide a room or other location in close proximity to the |
12 | work area, other than a toilet stall, where an employee can |
13 | express breast milk in privacy. With the assistance of health | <-- |
14 | care providers the Department of Health shall develop written |
15 | materials concerning this act for distribution to women of |
16 | childbearing age. |
17 | Section 3. This act shall take effect in 60 days. |
|