New Legislation: Breastfeeding Mothers In The Workplace

On January 28, 2008, Governor Mitch Daniels signed into law Senate Bill 219, a bill intended to ensure the rights of breastfeeding mothers to take care of their health needs and their child's health needs while at work. The new law, which is effective July 1, 2008, requires a private employer with twenty-five or more employees to provide, "to the extent reasonably possible," "a private location, other than a toilet stall, where an employee can express the employee's breast milk in privacy during any period away from the employee's assigned duties."

In addition to providing a place for the employee to express the breast milk, private employers are required "to the extent reasonably possible" to "provide a refrigerator or other cold storage space for keeping milk that has been expressed or allow the employee to provide the employee's own portable cold storage device for keeping milk that has been expressed until the end of the employee's work day." A private employer is not liable for any harm caused by or arising from "the expressing of an employee's breast milk or the storage of expressed milk." State and political subdivisions of the State have added obligations and must provide "reasonable paid break time each day to an employee who needs to express breast milk," but the break time is not required if providing break time would "unduly disrupt" the public employer's operations.

Although the new law places additional obligations on employers, many of these obligations can be accomplished with a small investment of time, money and flexibility. An employer's requirements under the law depends on the number of women who need support and the resources and realities of the workplace. For example, some employers could be in compliance by simply providing a clean, private, comfortable multi-purpose space or a private office with an electrical outlet to allow mothers to pump milk. On the other hand, other employers may need to make more drastic changes by providing a breastfeeding mothers' break room large enough to accommodate several users. Employers who are subject to the law need to prepare their facilities to be in compliance with the law on July 1, 2008.

If you would like assistance or have questions, please contact Lindsay Ramsey, Tami Earnhart or any member of Ice Miller's Labor & Employment Practice Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.