September 18, 2021

Volume XI, Number 261

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Minnesota Legislature Amends Lactation Breaks and Pregnancy Accommodation Provisions

As part of the Omnibus Jobs and Economic Growth Finance and Policy Bill, Minnesota Governor Tim Walz has approved an amendment relating to pregnancy accommodations and barring reducing compensation for lactation breaks, among other changes. The amendment goes into effect on January 1, 2022.

Under Minnesota law, employers must provide employees who need to express breast milk for their infant child reasonable break times each day. The amendment prohibits an employer from reducing an employee’s compensation for time used for the purpose of expressing milk. The amendment also includes language that limits an employer’s obligation to the 12 months following the birth of the child. Employers may still ask that these lactation breaks be scheduled over regularly scheduled rest or meal breaks; but if not, they cannot dock pay.

Additionally, the amendment combined Minnesota’s laws related to nursing mothers, lactating employees, and pregnancy accommodations into one section, Minnesota Statute Section 181.939. The law on pregnancy accommodations remains largely the same; however, under the amendment, coverage applies to all employers with at least 15 employees (not at least 21) and there are no longer any length of time or average number of hours per week an employee must satisfy to qualify for the accommodation rights and protections under the statute.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 189
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About this Author

Gina K. Janeiro, Employment Labor Attorney, Jackson Lewis Law firm
Office Managing Principal

Gina K. Janeiro is Office Managing Principal of the Minneapolis, Minnesota, office of Jackson Lewis P.C. She is certified as a Labor and Employment Law Specialist through the Minnesota State Bar Association.

Ms. Janeiro practices in all aspects of employment law and advises and represents clients in the areas of discrimination and harassment, disability management, employment contracts, wage and hour compliance, commission claims, noncompetition litigation, drug testing law, defamation, whistleblower and in closely-held corporation and partnership disputes. Ms...

612-359-1766
Hadley M. Simonett Associate Minneapolis
Associate

Hadley M. Simonett is an Associate in the Minneapolis, Minnesota, office of Jackson Lewis P.C.

While attending law school, Ms. Simonett was awarded the Minnesota Bar Association Law Student Award for Excellence in Employment Law and recognized for her dedication to public service. She served as an editor of the Minnesota Journal of International Law, and President of the Student Employment and Labor Law Association from 2017-2019. She also participated in the Mediation Clinic, completing the 30-hour civil mediation training and becoming Minnesota Rule...

612-787-3505
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