Wage and Hour Bulletin
December 2021
Changes to workplace protections for expectant, new parents
Effective Jan. 1, 2022, workplace protections for expectant and new parents will be expanded.
The changes include requiring nursing and lactating employees receive paid break time to express milk at work and ensuring more employees have a right to request and receive pregnancy accommodations in the workplace, such as more frequent restroom, food and water breaks and limits to heavy lifting.
In addition, effective Jan. 1, 2022, the pregnancy accommodations law, which previously applied to employers with 21 or more employees, will apply to employers with 15 or more employees. The nursing provision continues to apply to employers with one or more employees.
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Time to express milk
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Current law
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What changes
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What doesn't change
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An employer must provide reasonable unpaid break time to an employee to express milk "for her infant child."
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An employer may not reduce an employee's compensation for time taken to express milk.
The new law clarifies that an employee has a right to take multiple breaks each day and is eligible for break times during the 12 months following the birth of the child.
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The break times must, if possible, run concurrently with any break times already provided to the employee. An employer is not required to provide break time if doing so would unduly disrupt the employer's operations.
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What does this mean for workplaces?
Here are three examples of common workplace practices that will change under the new law:
- Based on an eight-hour shift, many employers offer a paid, 15-minute break to employees during the first half of their shift, a mid-shift unpaid meal break and a paid, 15-minute break during the second half of their shift. Under the new law, if a lactating employee needs 15 minutes or more to express milk in the morning or afternoon, the employer would need to consider all of that time as compensable. Note: this change does not require current unpaid break time such as a meal break to be converted to paid break time.
- Some employers have required lactating employees to use accrued paid time off, vacation or sick time for time used to express milk. Under the new law, that would be considered a loss of compensation and would not be allowed.
- Some employers have required lactating employees to stay after their regular shift has ended to make up for time used to express milk. Under the new law, that would be considered a loss of compensation and would not be allowed.
Pregnancy accommodations
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Current law
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What changes
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Employers with 21 or more employees at one or more sites must provide pregnancy accommodations.
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Employers with 15 or more employees must provide pregnancy accommodations.
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What does this mean for workplaces?
Here are some components of the law employers and workers should be aware of:
- Prior to a 2020 Minnesota Court of Appeals decision and the 2021 statutory change to the pregnancy accommodation law, there was confusion about whether employees must work for an employer for at least 12 months prior to requesting pregnancy accommodations and have worked at least half the hours of a full-time employee during those 12 months. Due to the law change, there is no employment length or hour of work requirement for an employee to qualify for a pregnancy accommodation. If an employee works for an employer with 15 or more employees, the employee is eligible for a pregnancy accommodation on day one of employment.
- As under current law, an employer may not require an employee to take leave or accept an accommodation.
- As under current law, an employee may request and an employer must provide accommodations for more frequent restroom, food and water breaks, seating and limits on lifting over 20 pounds. An employee does not need the advice of a licensed health care provider or certified doula for these accommodations. Reasonable accommodation may include other accommodations, such as temporary transfer to a less strenuous or hazardous position. The employee and employer shall engage in an interactive process with respect to an employee’s request for a reasonable accommodation.
Dec. 8: Workplace breastfeeding, pregnancy accommodations
Learn more about changes to workplace protections for expectant and new parents at a free webinar on Dec. 8. The webinar will review state and federal laws that address workplace breastfeeding and pregnancy accommodations, including recent state legislative changes.
Speakers include staff members from the Minnesota Department of Labor and Industry, the Minnesota Department of Health and the U.S. Department of Labor's Wage and Hour Division.
Questions?
Labor Standards serves the people of Minnesota by providing
information about the state's wage, hour and employment laws.
Phone: 651-284-5075 or 800-342-5354
Email: dli.laborstandards@state.mn.us
Website: www.dli.mn.gov/laborlaw
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