§ 23-13.2-1 - Workplace policies protecting a woman's choice to breastfeed.
SECTION 23-13.2-1
§ 23-13.2-1 Workplace policies protectinga woman's choice to breastfeed. – (a) An employer may provide reasonable unpaid break time each day to anemployee who needs to breastfeed or express breast milk for her infant child tomaintain milk supply and comfort. The break time must, if possible, runconcurrently with any break time already provided to the employee. An employeris not required to provide break time under this section if to do so wouldcreate an undue hardship on the operations of the employer.
(b) An employer shall make a reasonable effort to provide aprivate, secure and sanitary room or other location in close proximity to thework area, other than a toilet stall, where an employee can express her milk orbreastfeed her child.
(c) The department of health shall issue periodic reports onbreastfeeding rates, complaints received and benefits reported by both workingbreastfeeding mothers and employers.
(d) As used in this section:
(1) "Employer" means a person engaged in business who has oneor more employees, including the state and any political subdivision of thestate;
(2) "Employee" means any person engaged in service to anemployer in the business of the employer;
(3) "Reasonable efforts" means any effort that would notimpose an undue hardship on the operation of the employer's business; and
(4) "Undue hardship" means any action that requiressignificant difficulty or expense when considered in relation to factors suchas the size of the business, its financial resources and the nature andstructure of its operation.