The state of Minnesota has recently passed revisions to current laws to ensure protections for pregnant employees and nursing mothers. This article provides a brief overview these revisions. We encourage employers to seek council on updating the policy.
Breast Milk Expression Revisions (effective 7/1/23)
Employers must provide reasonable break times each day to an employee who needs to express milk. The break times may run concurrently with any break times already provided to the employee. An employer shall not reduce an employee's compensation for time used for the purpose of expressing milk.
Read: How Minnesota’s Recent Income Tax Law Change Could Impact Your Previous Tax Returns
What has changed?
In the previous Minnesota law, providing breaks to express milk was limited to the first 12 months following the birth of a child. With recent changes, this law is no longer limited to one year. In addition, employers can no longer deny breaks. While not a change in the law, it is also worth noting that a clean, private, secure space must be provided to mothers and includes access to an electrical outlet (not a bathroom or toilet stall).
Pregnancy Accommodations Revisions (effective 7/1/2023)
Updates to pregnancy accommodations laws have been enacted, resulting in available adaptations to pregnant individuals to support their well-being, including temporary transfer to a less strenuous or hazardous position, temporary leave of absence, or modifications of work schedules or job assignments.
The employee and employer shall engage in an interactive process with respect to an employee's request for reasonable accommodation. Reasonable accommodation may include but is not limited to temporary transfer to a less strenuous or hazardous position, temporary leave of absence, modifications of work schedule or job assignments, seating, more frequent or extended break periods, and limits to heavy lifting.
Notice provisions have also been added, requiring employers to inform employees of their rights under the law at the time of hire as well as when an employee makes an inquiry about or requests parental leave. The employee handbook with these updated laws will suffice as notice to employees.
As these new revisions to the laws are implemented in the workplace, employers will create a more inclusive environment by prioritizing pregnant employees' and nursing mothers' well-being and rights. The new legislation aims to protect the fundamental rights of these working individuals and enables healthier employees.
Froehling Anderson is a Minneapolis-based CPA firm and a member of AGN International, a global association of separate and independent accounting and advisory businesses. We provide business consulting, tax, audit and accounting services to a wide variety of industries, including construction, manufacturing & distribution, not-for-profit, professional real estate, and athletes & high net worth individuals.
