In 2023, three new laws are expanding protections for pregnant and nursing employees in Minnesota. The federal Pregnant Workers Fairness Act (PWFA) went into effect yesterday. Earlier this year, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act took effect. And later this week a new law amending Minnesota’s nursing mothers and pregnancy accommodation law becomes effective. 

The PWFA may require a reasonable accommodation.

The PWFA provides certain protections similar to those provided by the Americans with Disabilities Act (ADA). The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer undue hardship. For example, reasonable accommodations may include additional, longer, or more flexible breaks; changes to the employee’s work schedule; closer parking; different food, drink, and restroom policies; or leave for medical appointments. 

Employers with at least 15 employees must comply with the new federal law. The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. 

The PUMP Act requires reasonable, private break times.

Under the PUMP Act, most nursing employees have the right to reasonable break time and a place, other than a bathroom, which is shielded from view and free from intrusion to express breast milk while at work. If the employee is not completely relieved from duty, time used to pump breast milk at work must be paid. 

Employers do not need to provide a space to pump breastmilk if they do not currently have nursing employees, but employers must provide a space “each time such employee has the need to express the milk.” Therefore, we recommend preparing a nursing space ahead of time so that it can be made available when it is needed. Employers should be aware that the frequency and duration of the breaks will likely vary and the space must be made available each time it is needed. 

Employers with fewer than 50 employees may be exempt from the PUMP Act if they can demonstrate that providing the break time would impose an undue hardship. However, the undue hardship standard is difficult to meet. In most situations, employers with fewer than 50 employees will be required to provide the required break time and space.  

Other federal laws protect pregnant workers. 

In addition to these new federal laws, existing federal laws apply to workers affected by pregnancy, childbirth, or related medical conditions. For example:

• Title VII protects employees from discrimination based on pregnancy, childbirth, or related medical conditions. 
• Some pregnancy-related conditions may be a disability requiring protection under the ADA.
• The Family Medical Leave Act (FMLA) provides covered employees with unpaid, job-protected leave for certain family and medical reasons. 

Minnesota requires paid break time to pump.

Minnesota’s nursing mothers and pregnancy accommodation law has been amended, and now requires employers to offer paid break time for employees to express breast milk. Effective July 1, 2023, the new law makes notable changes, including but not limited to:

1. Under the previous law, nursing employees were only entitled to paid breaks to express breast milk for up to twelve months following the birth of a child. The amended law removes the twelve-month restriction. 
2. Under the new law, employers may no longer deny breaks for expressing breast milk if the break would “unduly disrupt” business operations. Under the amended law, there is no defense allowing employers to deny a break. 
3. Employers must now provide notice to employees of their rights during pregnancy “at the time of hire” and “when an employee makes an inquiry about or requests parental leave.”
4. Break times to express breast milk are no longer required to run concurrently with existing break times provided to the employee. Under the amended law, break times “may” run concurrently with existing breaks time available to the employee. 
5. Employers with one or more employees are required under the new amendment to provide accommodations to pregnant employees. Previously, this requirement only applied with employers with 15 or more employees. 

Stay connected for more updates.

The next several years will have significant impacts on employers, particularly Minnesota employers. In 2023, the Minnesota legislature passed numerous new laws affecting employers, including banning non-competes, legalizing marijuana, mandating statewide paid sick leave, and more. To learn more, read our article on the big changes ahead of Minnesota employers and subscribe here to receive updates. 

We encourage companies to work proactively with our labor and employment team to ensure compliance with these new laws.