Final Amendment: Passed in the House Committee - 10/27/15

SB 219- Relative to

Lactation and Breastfeeding



Amendment to SB 219-FN

Amend the title of the bill by replacing it with the following:

AN ACT relative to lactation and breastfeeding.

Amend RSA 275:77 as inserted by section 1 of the bill by replacing it with the following:

275:77 Time for Employees to Express Milk; State Employees.

I. An employer shall provide 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.

II. An employer shall not be required to compensate an employee receiving reasonable break time under paragraph I 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 shall be compensated in the same way that other employees are compensated for break time. In addition, the employee shall be completely relieved from duty or else the time shall be compensated as work time.

IV. An employer that employs less than 50 employees shall not be subject to the requirements of this chapter, 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.

V. A lactating state employee shall have the right to breastfeed her child on any property owned, leased, or controlled by the state anywhere she is authorized to be. The state shall provide lactating employees with adequate facilities for breastfeeding for up to 6 months after the child is born and for expressing milk for as long as the mother continues to lactate. The location may include a child care facility or community lactation room in close proximity to the employee’s work location. “Adequate facilities for breastfeeding” shall mean a sanitary indoor place, other than a bathroom or toilet stall, that is shielded from view from intrusion from co-workers and the public.

Amend RSA 275:80, I as inserted by section 1 of the bill by replacing it with the following:

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 of representatives.

(b) One member of the senate, appointed by the senate president.

(c) The commissioner of the department of labor, or designee.

(d) A member of the New Hampshire Business and Industry Association, appointed by the association.

(e) The president of the New Hampshire Breastfeeding Rights Coalition, or designee.

(f) A transportation representative, appointed by the governor.

(g) A breastfeeding mother, appointed by the governor.

(h) An attorney with experience in human rights issues, appointed by the New Hampshire commission on human rights.

Amend RSA 275:80, III as inserted by section 1 of the bill by replacing it with the following:

III. Legislative members shall receive mileage at the legislative rate when attending to the duties of the advisory council.

Amend RSA 275:80, V as inserted by section 1 of the bill by replacing it with the following:

V. The advisory council shall make an interim report commencing on November 1, 2016 and a final report on December 1, 2017 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.

Amend the bill by replacing all after section 2 with the following:

3 Repeal. RSA 275:80, relative to an advisory council on breastfeeding, is repealed.

4 Effective Date.

I. Section 3 of this act shall take effect December 1, 2017.

II. The remainder of this act shall take effect 60 days after its passage.