As companies returned to work following the holidays, changes to Minnesota's nursing mothers statute and pregnancy accommodations law (Minn. Stat. § 181.939) went into effect on January 1, 2022. Minnesota employers may want to take a moment to make sure their policies and practices are up to date.
Minnesota law now requires an employer to provide "reasonable break times each day" for employees to express milk. Note that "times" is now plural. Previously, the law only required a single lactation break during the workday. With the amendment, the statute also states that "an employer shall not reduce an employee's compensation for time used for the purpose of expressing milk." In other words, breaks for the purpose of expressing milk are compensable under Minnesota law. Previously, the law required one unpaid break.
The nursing mothers statute requires employers (with one or more employees) to provide reasonable break times to express breast milk during the "first twelve months following the birth of the child." This break time "must, if possible, run concurrently" with other rest and meal breaks. Under the law, an employer is not required to provide this break time if it would "unduly disrupt" the operations of the employer. As stated above, the break time now needs to be paid. The law also prohibits retaliation against employees who assert their right to required lactation breaks.
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