Minnesota Expands Pregnancy Accommodation, Lactation Break and Leave Laws

Current law

Effective July 1, 2023

Lactation breaks

Employers must provide reasonable paid break times each day to an employee who needs to express breast milk for their infant child during the 12 months following the birth of the child.

The 12-month limit on the entitlement is repealed.

The break times must, if possible, run concurrently with any break times already provided to the employee.

The break timesmayrun concurrently with any break times already provided to the employee.

An employer isn’t required to provide break times if doing so would unduly disrupt the operations of the employer.

This provision is repealed.

The employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from co-workers and the public, and that includes access to an electrical outlet, where the employee can express milk in privacy.

The employer must make reasonable efforts to provide a clean, private and secure room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from co-workers and the public, and that includes access to an electrical outlet, where the employee can express milk in privacy.

Reasonable accommodations for pregnancy

Employers with 15 or more employees must provide reasonable accommodations for health conditions related to pregnancy or childbirth if the employee requests an accommodation with the advice of their healthcare provider or certified doula, unless doing so would impose an undue hardship on the business.

Employers with one or more employees must provide reasonable accommodations for health conditions related to pregnancy or childbirth if the employee requests an accommodation with the advice of their healthcare provider or certified doula, unless doing so would impose an undue hardship on the business.

Reasonable accommodations include, but are not limited to:

• Temporary transfer to a less strenuous or hazardous position;
• Seating;
• Frequent restroom breaks; and
• Limits to heavy lifting.

Reasonable accommodations include, but are not limited to:

• Temporary transfer to a less strenuous or hazardous position;
• Temporary leave;
• Modification in work schedule or job assignments;
• Seating;
• More frequent or longer break periods; and
• Limits to heavy lifting.

A pregnant employee must not be required to
obtain the advice of a licensed health care provider or certified doula, nor may an employer claim undue hardship for the following accommodations:

1. More frequent restroom, food, and water breaks;
2. Seating; and
3. Limits on lifting over 20 pounds.

A pregnant employee must not be required to obtain the advice of a licensed health care provider or certified doula, nor may an employer claim undue hardship for the following accommodations:

1. More frequent or longer restroom, food, and water breaks;
2. Seating; and
3. Limits on lifting over 20 pounds.

Employer notice

No requirement

Employers must inform employees of their rights under the law at the time of hire and when an employee makes an inquiry about or requests parental leave. Information must be provided in English and the primary language of the employee. An employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under the law. The state will make available to employers the text to be included in the notice required in English and the five most common languages spoken in Minnesota. The notices will be available here.

Pregnancy and parental leave

Employers with 21 or more employees at any one site must provide unpaid pregnancy and parental leave.

Employers with one or more employees must provide unpaid pregnancy and parental leave.

To be eligible for pregnancy and parental leave under state law, an employee must work at least 12 months preceding the request; and for an average number of hours per week equal to one-half the full-time equivalent position in the employee's job classification as defined by the employer's personnel policies or practices or pursuant to the provisions of a collective bargaining agreement, during the 12-month period immediately preceding the leave.

The length-of-service and hours-worked requirements are repealed.