Senate File 2112 - Introduced SENATE FILE 2112 BY JOCHUM A BILL FOR An Act relating to workplace accommodations for employees who 1 express breast milk. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6014SS (2) 83 ak/nh

S.F. 2112 Section 1. NEW SECTION . 91F.1 Short title. 1 This chapter shall be known and may be cited as the “Family 2 Friendly Workplace Act” . 3 Sec. 2. NEW SECTION . 91F.2 Definitions. 4 1. “Employer” means a person engaged in a business who has 5 one or more employees and also includes the state of Iowa, a 6 department or agency thereof, and any political subdivision of 7 the state. 8 2. “Reasonable efforts” means any effort that would not 9 impose an undue hardship on the operation of the employer’s 10 business. 11 3. “Undue hardship” means any action that requires 12 significant difficulty or expense when considered in relation 13 to factors such as the size of the business, the financial 14 resources of the business, or the nature and the structure of 15 its operation. 16 Sec. 3. NEW SECTION . 91F.3 Right to express breast milk in 17 workplace —— private location. 18 1. An employer shall provide reasonable unpaid break time or 19 permit an employee to use paid break time, meal time, or both, 20 each day, to allow the employee to express breast milk for the 21 employee’s nursing child for up to two years after the child’s 22 birth. 23 2. The employer shall make reasonable efforts to provide a 24 place, other than a toilet stall, which is shielded from view 25 and free from intrusion from coworkers and the public, that may 26 be used by an employee to express breast milk in privacy. 27 3. An employer who makes reasonable efforts to accommodate 28 an employee who chooses to express breast milk in the workplace 29 shall be deemed to be in compliance with the requirements of 30 this section. 31 4. The department of workforce development shall provide on 32 its internet site information and links to other internet sites 33 where employers can access information regarding methods to 34 accommodate employees who express breast milk in the workplace. 35 -1- LSB 6014SS (2) 83 ak/nh 1/ 3

S.F. 2112 The department shall consult with appropriate organizations 1 or associations to determine the appropriate information and 2 internet site links so as to provide employers with the most 3 accurate and useful information available. 4 5. Before an employee may initiate litigation for a 5 violation of this section, there shall be mediation between 6 the employer and employee pursuant to chapter 679C unless the 7 issue is outside the scope of that chapter pursuant to section 8 679C.103. 9 Sec. 4. Section 91.5, Code 2009, is amended to read as 10 follows: 11 91.5 Other duties —— jurisdiction in general. 12 The commissioner shall have jurisdiction and it shall be the 13 commissioner’s duty to supervise the enforcement of: 14 1. All laws relating to safety appliances and inspection 15 thereof and health conditions in manufacturing and mercantile 16 establishments, workshops, machine shops, other industrial 17 concerns within the commissioner’s jurisdiction and sanitation 18 and shelter for railway employees. 19 2. All laws of the state relating to child labor. 20 3. All laws relating to employment agencies. 21 4. All laws relating to expressing breast milk in the 22 workplace. 23 4. 5. Such other provisions of law as are now or shall 24 hereafter be within the commissioner’s jurisdiction. 25 EXPLANATION 26 This bill concerns the accommodation in the workplace of 27 employees who express breast milk. 28 The bill requires that an employer provide an employee 29 who expresses breast milk reasonable time each day, paid or 30 unpaid, to express breast milk for up to two years after the 31 birth of the employee’s child. The employer is also required 32 to make reasonable efforts to provide a private place other 33 than a toilet stall for the employee to express breast milk. 34 “Reasonable efforts” is defined in the bill. 35 -2- LSB 6014SS (2) 83 ak/nh 2/ 3

S.F. 2112 The department of workforce development is required to 1 provide on its internet site information and other internet 2 site links that give employers access to information about 3 methods of accommodating employees who express breast milk at 4 work. 5 The bill states that before an employee can litigate an 6 employer’s alleged violation of the bill, the employee and 7 employer are required to participate in mediation pursuant to 8 Code chapter 679C. 9 -3- LSB 6014SS (2) 83 ak/nh 3/ 3