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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: January 29, 2018 03:54 PM
From: Representative Mary Jo Daley and Rep. Nick Miccarelli
To: All House members
Subject: Re-circulation: Workplace Accommodations for Nursing Mothers
In the near future, we will re-introduce legislation offered last year, former House Bill 1100, to require all employers in the Commonwealth to provide a private, sanitary space for employees who need to express breast milk. This bill is part of the Pennsylvania Agenda for Women’s Health, a comprehensive proposal to address the real health issues affecting Pennsylvania women today. I hope you will join us in this effort.

Study after study makes it abundantly clear – both mothers and children benefit from breast milk. For most babies, especially premature babies, breast milk is easier to digest than formula and helps fight against disease. According to the U.S. Department of Health and Human Services, the cells, hormones, and antibodies in breast milk help protect babies from illness. For mothers, breastfeeding is liked to a lower risk of health problems such as diabetes, breast and ovarian cancers, and postpartum depression. Moreover, breastfeeding mothers miss fewer days from work because their infants are sick less often.

Currently, approximately two dozen states have laws on the books relating to expressing milk in the workplace. Pennsylvania does not. The only applicable law on breastfeeding that applies to employers in the Commonwealth is the Affordable Care Act’s amendment to the federal Fair Labor Standards Act. This federal law requires employers to provide a private, sanitary space for non-exempt employees to express milk for up to one year after the birth of a child. However, exempt employees include those that are on salary (exempt from federal overtime provisions), often in managerial positions.

This legislation will fix two main loopholes in federal law. For one, it will apply to all employees, including those that are exempt from federal overtime provisions. Secondly, the bill will require employers to provide a private, sanitary space for mothers to express milk beyond one year after birth. Our legislation will mirror the federal provision that exempts small employers from these requirements if they would present an undue hardship to the employer.

This legislation is a commonsense approach to improving the health and welfare of women and children alike. We invite all members to sign on as co-sponsors to this important bill.

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Introduced as HB2061