SB 219 Amendment 2
Changes to the previous amendment were made by the NH Senate Commerce Committee. The Vote took place on 3/2/15 and was unanimous. Next it will be voted on by the full Senate.
- removed some wording about definition of expressing milk
- eliminated the mandate of the right to nurse your child on break time during work hours, either on or off site
- Other changes include reworking the language somewhat about a private place to accommodate a woman needing to express milk and
- eliminating the. explicit language with regard to a sink, electrical outlet and refrigerator.
- All the language regarding the role of DOL has moved to another section of the statutes.
- language giving a woman greater protection if discriminated against for nursing in public has also been remove
- removed abiliy to pursue a private cause of action and file for injunctive relief
- removed the whole EEOC section about pregnancy rights
Replace the bill by replacing all after the enacting clause as follows:
1 New Chapter; Breastfeeding; Employer Responsibilities. Amend RSA by inserting after chapter 275-75 the following new chapters:
BREASTFEEDING; EMPLOYER RESPONSIBILITIES
275-76 A Definitions. In this chapter:
I. “Department” means the department of labor.
II. “Express milk” means the act of extracting human milk which can be accomplished by hand or pump.
III. “Employer” means an individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, governmental entity, and any common carrier who employs any person. “Employer” shall also include any person acting in the interest of an employer directly or indirectly.
B Time and Space to Express Milk.
I. An employer shall provide:
(A) a reasonable break time for an employee to express breast milk for her nursing child each time such employee has need to express the milk; and
(B) a sanitary indoor place, other than a bathroom or toilet stall, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express breast milk.
II. An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose, providing such break shall be documented as a break for the purpose of expressing milk.
III. Where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. In addition, the employee must be completely relieved from duty or else the time must be compensated as work time.
IV. An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
No employer shall discharge or in any other manner discriminate against any employee because he or she makes a charge, files any complaint, or institutes or causes to be instituted any investigation, proceeding, hearing, or action under or related to this subdivision, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action.
D Notification, Posting, and Records
Amend RSA 275:49 by inserting after Paragraph VIII the following new section:
VIII. Keep posted in a place accessible by his or her employees such notices as prescribed by the commissioner on the protections under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to the form, content, and placement of such notices.
E Advisory Council on Breastfeeding
I. There is hereby established an advisory council on breastfeeding. The advisory council shall follow the goals of the United States Surgeon General and the United States Breastfeeding Committee. The advisory council shall be comprised of, but not limited to:
(a) One member of the house of representatives, appointed by the speaker of the house.
(b) One member of the senate, appointed by the president of the senate.
(c) The commissioner of the department of labor, or designee.
(d) A representative from the women, infants, and children program (WIC), appointed by the commissioner of the department of health and human services.
(e) A certified midwife, appointed by the midwifery council established in RSA 326-D:3.
(f) A member of the New Hampshire Business and Industry Association, appointed by that organization.
(g) The President of the New Hampshire Breastfeeding Rights Coalition, or designee.
(h) The Chair of the New Hampshire Breastfeeding Task Force, or designee.
(i) A hospital administrator from a certified baby-friendly hospital, appointed by the governor.
(j) A transportation representative, appointed by the governor.
(k) A currently breastfeeding mother, appointed by the governor.
II. The advisory council shall examine best practices in New Hampshire, including but not limited to the Baby Friendly Hospital Initiative, Family and Sick Leave, Childcare Trainings on Breastfeeding, Milk Banks, Lactation Spaces in Public
Accommodations, and the World Health Organization’s International Code of Marketing of Breastmilk Substitutes.
III. Legislative members shall receive mileage at the legislative rate while attending to the duties of the commission.
IV. The advisory council may meet as often as necessary to effectuate its goals and meetings may be held by conference call. A minimum of 3 meetings per year shall be open to the public.
V. The advisory council shall make an annual report commencing on November 1, 2015 on its activities and findings, together with any recommendations for proposed legislation, to the president of the senate, the speaker of the house of representatives, and the governor.
Any employer violating RSA 275:76 shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.
2 Amend RSA 500-A:11 as follows:
500-A:11 Excuse From Jury Service. – A person who is not disqualified for jury service may be excused from jury service by the court only upon a showing of
I. undue hardship,
II. extreme inconvenience,
III. public necessity,
IV. nursing mothers,
V. or for any other cause that the court deems appropriate.
The person may be excused for the time deemed necessary by the court and shall report again for jury service, as directed by the court.
3 Repeal. RSA 275-76 E, relative to an advisory council on breastfeeding, is repealed.
4 Effective Date
I Section 3 of this act shall take effect November 1, 2016
II The remainder of this act shall take effect 60 days after passage.