1Providing for the Workplace Accommodations for Nursing Mothers
2Act.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Workplace
7Accommodations for Nursing Mothers Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Department." The Department of Labor and Industry of the
13Commonwealth.

14"Employer." A person, firm, association, partnership,
15corporation, organization, institution or public employer,
16including the Commonwealth and a political subdivision of the

1Commonwealth, employment agencies or labor organizations that
2have one or more employees.

3"Employment agency." A person regularly undertaking, with or
4without compensation, to procure opportunities to work or to
5procure, recruit, or place employees.

6"Labor organization." An organization that exists for the
7purpose, in whole or part, of collective bargaining or of
8dealing with employers concerning grievances, terms or
9conditions of employment or of other mutual aid or protection in
10relation to employment.

11"Undue hardship." Any action that requires significant
12difficulty or expense when considered in relation to factors
13such as the size of the employer, the financial resources of the
14employer or the nature and structure of its operation.

15Section 3. Right of nursing mothers to express breast milk and
16breastfeed in workplace.

17(a) Breaktime.--An employer shall provide unpaid breaktime
18or permit an employee to use paid breaktime, mealtime or both,
19to allow the employee to express breast milk for her nursing
20child.

21(b) Room.--The employer shall provide a room or other
22private location in close proximity to the work area, other than
23a bathroom, where an employee can express breast milk so long as
24these requirements do not impose an undue hardship on an
25employer with fewer than 50 employees.

26(c) No retaliation.--An employer may not:

27(i) Refuse to hire, employ, bar, discharge from
28employment, withhold pay from, demote or penalize a
29lactating employee because an employee breastfeeds or
30expresses milk on the employer's premises.

1(ii) Retaliate against an employee who has made a
2charge, filed a complaint or instituted or caused to be
3instituted a proceeding under or related to this act,
4including an investigation conducted by the employer.

5(iii) Retaliate against an employee who has
6testified, is planning to testify or has assisted or
7participated in any manner in an investigation,
8proceeding, hearing or action under or related to this
9act.

10Section 4. Violations.

11(a) Complaints.--An individual claiming to be aggrieved by a
12violation of section 3 may file a complaint with the department
13within 90 days after the alleged violation.

14(b) Preliminary relief.--An individual may file an action
15seeking preliminary injunctive relief in a court of common pleas
16of competent jurisdiction if immediate relief is needed.

17(c) Form.--The department shall develop and post on its
18Internet website a form for individuals to use in filing a
19complaint with the department with respect to a violation under
20section 3.

21(d) Notice.--Within 30 days of receipt of a complaint, the
22department shall provide the employer, employment agency or
23labor organization with a copy of the complaint.

24(e) Response.--An employer shall have 30 days from receipt
25of the complaint to respond in writing to the department
26regarding the complaint.

27(f) Determination by department.--Within 90 days of receipt
28of a complaint, the department shall notify the complainant and
29employer of a determination as to whether a violation has
30occurred and whether a civil penalty shall be assessed by the

1department.

2(g) Relief.--Upon a determination by the department that a
3violation has occurred, the department shall enjoin the employer
4from violating this act and order the employer to pay
5compensatory damages to the complainant. The department may also
6assess a civil penalty not to exceed $300 for a first violation
7and $1,000 for each subsequent violation of section 3.

8(h) Appeal.--A party that is dissatisfied with the
9determination of the department may file an appeal with the
10Commonwealth Court within 30 days of receiving notice of the
11determination.

12(i) Additional remedies preserved.--Nothing in this act
13shall be construed to impair existing statutory or common law
14rights, powers or duties or bar the relief otherwise available
15under the law to the complainant.

16Section 5. Notification.

17(a) Notification to employees.--

18(1) Every employer subject to this act shall post and
19keep posted a notice in accordance with the following:

20(i) The notice shall be be prepared or approved by
21the department.

22(ii) The notice shall be posted in conspicuous
23places on the premises of the employer where notices to
24employees are customarily posted.

25(iii) The notice shall summarize the requirements of
26this act and include information pertaining to the
27procedures and remedies to enforce this act.

28(2) The department shall furnish copies of summaries and
29rules to employers upon request without charge and shall
30publish these documents on the department's official Internet

1website.

2(b) Information for the public.--The department and the
3Department of Health of the Commonwealth shall make available to
4the general public on the departments' Internet websites
5information and links to other websites where the public can
6access information concerning breastfeeding and expressing
7breast milk, including information relating to expressing breast
8milk in the workplace.

9(c) Information for employers.--On its Internet website, the
10department shall provide information and links to other Internet
11websites where employers can access information regarding
12methods to accommodate nursing mothers in the workplace. The
13department shall consult with appropriate organizations or
14associations to determine the appropriate information and
15Internet website links to provide employers with the most
16accurate and useful information available.

17Section 6. Effective date.

18This act shall take effect in 60 days.