See other bills
under the
same topic
PRINTER'S NO. 2262
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1685
Session of
2017
INTRODUCED BY DALEY, MICCARELLI, DEAN, DONATUCCI, RABB,
SAMUELSON, SOLOMON, BARRAR, SCHLOSSBERG, DRISCOLL, SIMS,
O'BRIEN, McNEILL, D. COSTA, DAVIS, WATSON, ROZZI, FRANKEL,
DeLUCA, BOYLE, BRIGGS, GILLEN, McCARTER, WHEATLEY, KAVULICH
AND KIM, JULY 27, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 27, 2017
AN ACT
Providing for workplace accommodations for nursing mothers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Workplace
Accommodations for Nursing Mothers Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employer." A person, firm, association, partnership,
corporation, organization, institution or public employer,
including the Commonwealth and a political subdivision of the
Commonwealth, employment agencies or labor organizations that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
have one or more employees.
"Employment agency." A person regularly undertaking, with or
without compensation, to procure opportunities to work or to
procure, recruit or place employees.
"Labor organization." An organization that exists for the
purpose, in whole or part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment or of other mutual aid or protection in
relation to employment.
"Undue hardship." An action that requires significant
difficulty or expense when considered in relation to factors
such as the size of the employer, the financial resources of the
employer or the nature and structure of its operation.
Section 3. Right of nursing mothers to express breast milk and
breastfeed in workplace.
(a) Breaktime.--An employer shall provide unpaid breaktime
or permit an employee to use paid breaktime, mealtime or both,
to allow the employee to express breast milk for her nursing
child.
(b) Room.--The employer shall provide a room or other
private location in close proximity to the work area, other than
a bathroom, where an employee can express breast milk so long as
these requirements do not impose an undue hardship on an
employer with fewer than 50 employees.
(c) No retaliation.--An employer may not:
(1) Refuse to hire, employ, bar, discharge from
employment, withhold pay from, demote or penalize a
lactating employee because an employee breastfeeds or
expresses milk on the employer's premises.
(2) Retaliate against an employee who has made a
20170HB1685PN2262 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
charge, filed a complaint or instituted or caused to be
instituted a proceeding under or related to this act,
including an investigation conducted by the employer.
(3) Retaliate against an employee who has testified,
is planning to testify or has assisted or participated in
any manner in an investigation, proceeding, hearing or
action under or related to this act.
Section 4. Violations.
(a) Complaints.--An individual claiming to be aggrieved by a
violation of section 3 may file a complaint with the department
within 90 days after the alleged violation.
(b) Preliminary relief.--An individual may file an action
seeking preliminary injunctive relief in a court of common pleas
of competent jurisdiction if immediate relief is needed.
(c) Form.--The department shall develop and post on its
publicly accessible Internet website a form for individuals to
use in filing a complaint with the department with respect to a
violation under section 3.
(d) Notice.--Within 30 days of receipt of a complaint, the
department shall provide the employer, employment agency or
labor organization with a copy of the complaint.
(e) Response.--An employer shall have 30 days from receipt
of the complaint to respond in writing to the department
regarding the complaint.
(f) Determination by department.--Within 90 days of receipt
of a complaint, the department shall notify the complainant and
employer of a determination as to whether a violation has
occurred and whether a civil penalty shall be assessed by the
department.
(g) Relief.--Upon a determination by the department that a
20170HB1685PN2262 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
violation has occurred, the department shall enjoin the employer
from violating this act and order the employer to pay
compensatory damages to the complainant. The department may also
assess a civil penalty not to exceed $300 for a first violation
and $1,000 for each subsequent violation of section 3.
(h) Appeal.--A party that is dissatisfied with the
determination of the department may file an appeal with
Commonwealth Court within 30 days of receiving notice of the
determination.
(i) Additional remedies preserved.--Nothing in this act
shall be construed to impair existing statutory or common law
rights, powers or duties or bar the relief otherwise available
under the law to the complainant.
Section 5. Notification.
(a) Notification to employees.--
(1) Every employer subject to this act shall post and
keep posted a notice in accordance with the following:
(i) The notice shall be prepared or approved by the
department.
(ii) The notice shall be posted in conspicuous
places on the premises of the employer where notices to
employees are customarily posted.
(iii) The notice shall summarize the requirements of
this act and include information pertaining to the
procedures and remedies to enforce this act.
(2) The department shall furnish copies of summaries and
rules to employers upon request without charge and shall
publish these documents on the department's publicly
accessible Internet website.
(b) Information for the public.--The department and the
20170HB1685PN2262 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Department of Health of the Commonwealth shall make available to
the general public on the departments' publicly accessible
Internet websites information and links to other websites where
the public can access information concerning breastfeeding and
expressing breast milk, including information relating to
expressing breast milk in the workplace.
(c) Information for employers.--On its publicly accessible
Internet website, the department shall provide information and
links to other Internet websites where employers can access
information regarding methods to accommodate nursing mothers in
the workplace. The department shall consult with appropriate
organizations or associations to determine the appropriate
information and Internet website links to provide employers with
the most accurate and useful information available.
Section 6. Effective date.
This act shall take effect in 60 days.
20170HB1685PN2262 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16