MN Legislature expands nursing-mother breaks, pregnancy accommodations

The Minnesota Legislature recently passed amendments to the state's nursing mothers statute (Minn. Stat. § 181.939) and the Women's Economic Security Act (WESA) pregnancy accommodations statute (Minn. Stat. § 181.9414). Although the changes were small, the amendments clarify and expand the protections afforded to pregnant and nursing mothers in the state. Governor Tim Walz signed the measures, which will take effect on January 1, 2022.

'Reasonable break times'

Minnesota's nursing-mother statute was first enacted in 1998. As originally written, the law provided "reasonable unpaid break time" for a nursing mother to "express breast milk for her infant child." A federal statute (passed in 2010) limited the break times to the first 12 months after birth, but the Minnesota statute included no temporal limitation.

In amending the statute, the Minnesota Legislature made clear employers must provide "reasonable break each day to express breast milk for her infant child." The amendment also removes the provision stating the breaks may be "unpaid" and notes "an employer shall not reduce an employee's compensation for time used for the purpose of expressing milk."

Finally, the amendment expressly limits its application to "the [12] months following the birth of the child." Here is the amendment in full: