LCO 2789 \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05158-R02- HB.docx 1 of 2 General Assembly Committee Bill No. 5158 January Session, 2021 LCO No. 2789 Referred to Committee on LABOR AND PUBLIC EMPLOYEES Introduced by: (LAB) AN ACT CONCERNING BREASTFEEDING IN THE WORKPLACE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 31-40w of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2021): 2 (a) Any employee may, at her discretion, express breast milk or 3 breastfeed on site at her workplace during her meal or break period. 4 (b) An employer shall make reasonable efforts to provide a room or 5 other location, in close proximity to the work area, other than a toilet 6 stall, where the employee can express her milk in private, and provided 7 there is no undue hardship, such room or other location shall (1) be free 8 from intrusion and shielded from the public while such employee 9 expresses breast milk, (2) include or be situated near a refrigerator or 10 employee-provided portable cold storage device in which the employee 11 can store her breast milk, and (3) include access to an electrical outlet. 12 (c) An employer shall not discriminate against, discipline or take any 13 adverse employment action against any employee because such 14 Committee Bill No. 5158 LCO 2789 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05158- R02-HB.docx } 2 of 2 employee has elected to exercise her rights under subsection (a) of this 15 section. 16 (d) As used in this section, "employer" means a person engaged in 17 business who has one or more employees, including the state and any 18 political subdivision of the state; "employee" means any person engaged 19 in service to an employer in the business of the employer; "reasonable 20 efforts" means any effort that would not impose an undue hardship on 21 the operation of the employer's business; and "undue hardship" means 22 any action that requires significant difficulty or expense when 23 considered in relation to factors such as the size of the business, its 24 financial resources and the nature and structure of its operation. 25 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2021 31-40w LAB Joint Favorable