Minnesota Legislative Update – Part 6: Pregnant Workers and New Parent Legal Update

You’ve stuck with us for the entire month (plus) of legislative updates, and we’ve done our best to get you the information you need in anticipation of the new laws coming into effect.  But there are more to come, including some significant changes affecting our law enforcement client base.  This update has to do with the changes to Minnesota’s laws for pregnant or new parent employees and their rights in the workplace.

Previously, employers were required to provide employees with the opportunity to express breast milk for their infant child for the first 12 months following the child’s birth, and could not reduce an employee’s pay for the breaks.  In addition, employers were required to provide accommodations to employees, without the advice of a health care provider, such as more frequent breaks, seating, and limits on lifting over 20 pounds.

The law is now expanded to include not only nursing mothers, but all lactating mothers, and does not limit break time for employees after the first 12 months following their child’s birth.  As long as they are expressing milk, employees can continue to use paid break time during the work day to do so.  In addition, breaks no longer must run concurrently with an employer’s already-provided breaks.

As far as pregnancy accommodations go, not much has changed, but the list of reasonable accommodations (not the automatic accommodations listed above) has expanded to include temporary leaves of absence (which may be intermittent), modifications in work schedules or job assignments, and more frequent and longer break periods.

For both those expressing milk and those requesting accommodation, the list of prohibited employer actions against those asserting those rights has grown to include discharge, discipline, penalties, interference, threats, restraints, coercion and discrimination.

Starting July 1, 2023, (that’s next week good people) employers are required to provide new employees and those asking about parental leave with notice of their rights under the law, and the notice must be provided in English and the primary language of their employees.  If you are looking for what text to include in the notice, you can find it here.

You can find all of our recent updates on our blog at wileyreberlaw.com.  If you, or your organization need assistance with navigating any of the legal changes set to take place in the state of Minnesota, contact Wiley Reber Law, for legal advice that works.  Have a safe and happy Fourth of July holiday!