Minnesota Governor Tim Walz recently signed legislation that adds to the workplace protections for new and expectant parents. The new law takes effect on January 1, 2022 and expands upon the provisions previously passed in 2014 under the Women’s Economic Security Act (WESA). Because of these expansions, an estimated 27,000 additional workers will be able to receive pregnancy accommodations in the workplace.
The key changes under the new law include, among other things:
- Nursing and lactating employees must receive paid break time to express milk at work for twelve months following the child’s birth. However, this change does not affect regularly unpaid break times, including meal breaks.
- Employees with health conditions relating to pregnancy or childbirth are entitled to accommodation including more frequent restroom, food, and water breaks; seating; and limits on lifting over 20 pounds.
Based on these new provisions, we recommend that employers start taking the following steps to ensure compliance with the law:
- Communicate to employees that time spent expressing milk at work will now be considered paid break time.
- Ensure a room or other location is available reasonably close to the work area, other than a bathroom. It must be shielded from view and free from intrusion from coworkers and the public and also include an electrical outlet for an employee to plug in a laptop or other portable device.
- When requested by the employee, provide more frequent restroom, food, and water breaks; seating; and limited lifting to under 20 pounds.
Employers should note that these reasonable accommodations made by an employee with health conditions related to pregnancy or childbirth may mean temporary transfer to a less strenuous or hazardous position. However, the employer is not required to create a new or additional position to meet these accommodations.
