Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 242 (2015GS)

Sponsor

Rep. Miller, J.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a public employer to:
• provide reasonable breaks for a public employee who is breastfeeding;
• provide a public employee access to a room with privacy and a refrigerator for breastfeeding purposes; and
• adopt policies to support breastfeeding; and
• prohibits a public employer from discriminating against an employee who is breastfeeding in the workplace.

Every vote on this bill

Bill text

STATE AND LOCAL GOVERNMENT EMPLOYEE POLICIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Justin J. Miller
Senate Sponsor: 
Jani Iwamoto
LONG TITLE
General Description:
This bill enacts language related to the accommodation of public employees who are
breastfeeding.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a public employer to:
• provide reasonable breaks for a public employee who is breastfeeding;
• provide a public employee access to a room with privacy and a refrigerator for
breastfeeding purposes; and
• adopt policies to support breastfeeding; and
▸ prohibits a public employer from discriminating against an employee who is
breastfeeding in the workplace.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
34-49-101
, Utah Code Annotated 1953
34-49-102
, Utah Code Annotated 1953
34-49-201
, Utah Code Annotated 1953
34-49-202
, Utah Code Annotated 1953
34-49-203
, Utah Code Annotated 1953
34-49-204
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-49-101
 is enacted to read:
CHAPTER 49. NURSING MOTHERS IN THE WORKPLACE
Part 1. General Provisions
 34-49-101.
Title.
(1) This chapter is known as "Nursing Mothers in the Workplace."
(2) This part is known as "General Provisions."
Section 2. Section 
34-49-102
 is enacted to read:
 34-49-102.
Definitions.
As used in this chapter:
(1) "Public employee" means a person:
(a) employed by a public employer; and
(b) who is breastfeeding.
(2) "Public employer" means the following entities:
(a) a department, division, board, council, committee, institution, office, bureau, or
other similar administrative unit of the executive branch of state government;
(b) a municipality;
(c) a county;
(d) a school district; or
(e) an institution of higher education as described in Section 
53B-2-101
.
Section 3. Section 
34-49-201
 is enacted to read:
Part 2. Breastfeeding in the Workplace
 34-49-201.
Title.
This part is known as "Breastfeeding in the Workplace."
Section 4. Section 
34-49-202
 is enacted to read:
 34-49-202.
Reasonable breaks and private room required.
(1) (a) A public employer shall:
(i) provide for at least one year after the birth of a public employee's child reasonable
breaks for each time the public employee needs to breast feed or express milk; and
(ii) consult with the public employee to determine the frequency and duration of the
breaks.
(b) A break required under Subsection (1)(a) shall, to the extent possible, run
concurrent with any other break period otherwise provided to the public employee.
(2) (a) A public employer shall provide for a public employee a room or other location
in close proximity to the public employee's work area.
(b) The room described in Subsection (2)(a):
(i) may not be a bathroom or toilet stall; and
(ii) shall:
(A) be maintained in a clean and sanitary condition;
(B) provide privacy shielded from the view of and intrusion from coworkers or the
public;
(C) be available at the times and for a duration required by the public employee as
determined in consultation with the public employee under Subsection (1)(a)(ii); and
(D) have an electrical outlet.
(c) (i) Notwithstanding Subsection (2)(a), an employer is not required to comply with
the requirements of Subsections (2)(a) and (b) if compliance would create an undue hardship
on the operations of the employer.
(ii) For purposes of Subsection (2)(c)(i), an undue hardship is a requirement that would
cause the employer significant difficulty or expense when considered in relation to the size,
financial resources, nature, or structure of the employer's operations.
(3) A public employer shall provide access to a clean and well-maintained refrigerator
or freezer for the temporary storage of the public employee's breast milk.
Section 5. Section 
34-49-203
 is enacted to read:
 34-49-203.
Policies.
A public employer shall adopt written policies that:
(1) support breastfeeding; and
(2) identify the means by which the public employer will comply with Section
34-49-202
.
Section 6. Section 
34-49-204
 is enacted to read:
 34-49-204.
Discrimination prohibited.
A public employer may not refuse to hire, promote, discharge, demote, or terminate a
person, or may not retaliate against, harass, or discriminate in matters of compensation or in
terms, privileges, and conditions of employment against a person otherwise qualified because
the person breastfeeds or expresses milk in the workplace.