House Bill No. 5158
Public Act No. 21-27
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 Section 31-40w of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) Any employee may, at her discretion, express breast milk or
breastfeed on site at her workplace during her meal or break period.
(b) An employer shall make reasonable efforts to provide a room or
other location, in close proximity to the work area, other than a toilet
stall, where the employee can express her milk in private, and provided
there is no undue hardship, such room or other location shall (1) be free
from intrusion and shielded from the public while such employee
expresses breast milk, (2) include or be situated near a refrigerator or
employee-provided portable cold storage device in which the employee
can store her breast milk, and (3) include access to an electrical outlet.
(c) An employer shall not discriminate against, discipline or take any
adverse employment action against any employee because such
employee has elected to exercise her rights under subsection (a) of this
section.
(d) As used in this section, "employer" means a person engaged in House Bill No. 5158
Public Act No. 21-27 2 of 2
business who has one or more employees, including the state and any
political subdivision of the state; "employee" means any person engaged
in service to an employer in the business of the employer; "reasonable
efforts" means any effort that would not impose an undue hardship on
the operation of the employer's business; and "undue hardship" means
any action that requires significant difficulty or expense when
considered in relation to factors such as the size of the business, its
financial resources and the nature and structure of its operation.