LRB-1206/1
KRP:ahe
2017 - 2018 LEGISLATURE
March 31, 2017 - Introduced by Representatives Subeck, Ballweg, Anderson,
Berceau, Billings, Bowen, E. Brooks, Brostoff, Considine, Genrich, Goyke,
Hesselbein, Jacque, Kleefisch, Kolste, Mason, Milroy, Ohnstad, Pope,
Riemer, Sargent, Shankland, Sinicki, Skowronski, C. Taylor, Wachs and
Zamarripa, cosponsored by Senators Johnson, C. Larson, Risser, L. Taylor
and Wirch. Referred to Committee on Small Business Development.
AB193,1,4 1An Act to amend 111.322 (2m) (a) and 111.322 (2m) (b); and to create 103.12,
2106.54 (11) and 111.91 (2) (gp) of the statutes; relating to: requiring an
3employer to provide reasonable break time for an employee who is
4breast-feeding her child to express breast milk for the child.
Analysis by the Legislative Reference Bureau
This bill requires an employer, including the state, to provide the following for
an employee who is breast-feeding her child under one year of age: 1) a reasonable
break time to express breast milk for the child; 2) a private place, other than a
bathroom, for the employee to express breast milk; and 3) access to an electrical
outlet, running water, and a refrigerator for the storage of breast milk. The bill
permits that break time to be unpaid but requires an employer to treat such unpaid
break time as paid work time for purposes of determining eligibility for health care
coverage.
The federal Fair Labor Standards Act (FLSA) requires an employer engaged in
interstate commerce, which is generally defined as an employer having an annual
dollar volume of sales of $500,000 or more, to provide the following: 1) a reasonable
break time for an employee to express breast milk for her nursing child for one year
after the child's birth each time the employee needs to express that milk; and 2) a
place, other than a bathroom, that is shielded from view and free from intrusion from
coworkers and the public that may be used by an employee to express breast milk.
In addition, the FLSA permits that break time to be unpaid and provides that an
employer that employs fewer than 50 employees is not subject to those requirements

if those 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.
This bill codifies into the laws of this state the requirements of the FLSA with
respect to reasonable break time for employees to express breast milk for their
children under one year of age, applying those requirements to all employers,
including the state, employing at least one individual. In addition, the bill 1)
requires an employer to provide access to an electrical outlet, running water, and a
refrigerator for the storage of breast milk; and 2) provides that if an employee's
eligibility for an employer contribution towards the employee's health care coverage
is dependent on the number of hours that the employee works, the employer must
treat any unpaid break time taken by the employee to express breast milk as paid
work time for purposes of determining that eligibility.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB193,1 1Section 1. 103.12 of the statutes is created to read:
AB193,2,8 2103.12 Reasonable break time for nursing mothers. (1) Definition. In
3this section, “employer" means any person engaging in any activity, enterprise, or
4business employing at least one individual. “Employer" includes the state, its
5political subdivisions, and any office, department, independent agency, authority,
6institution, association, society, or other body in state or local government created or
7authorized to be created by the constitution or any law, including the legislature and
8the courts.
AB193,2,11 9(2) Reasonable break time required. Subject to sub. (4), an employer shall
10provide all of the following for an employee who is breast-feeding her child under one
11year of age:
AB193,2,1312 (a) A reasonable break time to express breast milk for the child each time the
13employee has a need to express that milk.
AB193,3,2
1(b) A place, other than a bathroom, that is shielded from view and free from
2intrusion from coworkers and the public for the employee to express breast milk.
AB193,3,43 (c) Access to an electrical outlet, running water, and a refrigerator for the
4storage of breast milk.
AB193,3,8 5(3) Unpaid break time; maintenance of health care coverage. (a) Subject to
6par. (b), an employer that provides break time under sub. (2) (a) for an employee to
7express breast milk is not required to compensate the employee for any work time
8spent for that purpose.
AB193,3,139 (b) If an employee's eligibility for an employer contribution towards the
10employee's health care coverage is dependent on the number of hours that the
11employee works, the employer shall treat any unpaid break time taken by the
12employee to express breast milk as paid work time for purposes of determining that
13eligibility.
AB193,3,19 14(4) Undue hardship exception. An employer that employs fewer than 50
15employees on a permanent basis in this state is not subject to the requirements under
16sub. (2) if the employer can demonstrate that compliance with those requirements
17would pose an undue hardship on the employer's program, enterprise, or business
18by causing the employer significant difficulty or expense when considered in light of
19the size, financial resources, nature, or structure of the employer's business.
AB193,3,22 20(5) Prohibited acts. (a) No person may interfere with, restrain, or deny the
21exercise of the right of an employee who is breast-feeding her child under one year
22of age to take reasonable break time to express that milk as provided under sub. (2).
AB193,4,323 (b) No person may discharge or discriminate against an employee in promotion,
24in compensation, or in the terms, conditions, or privileges of employment for taking
25reasonable break time to express breast milk for her child under one year of age as

1provided in sub. (2), opposing a practice prohibited under this section, filing a
2complaint or attempting to enforce any right under this section, or testifying or
3assisting in any action or proceeding to enforce any right under this section.
AB193,4,14 4(6) Enforcement. An employee whose right to take reasonable break time to
5express breast milk for her child under one year of age as provided under sub. (2) is
6interfered with, restrained, or denied in violation of sub. (5) (a) or who is discharged
7or discriminated against in violation of sub. (5) (b) may file a complaint with the
8department, and the department shall process the complaint in the same manner
9that employment discrimination complaints are processed under s. 111.39. If the
10department finds that an employer has violated sub. (5) (a) or (b), it may order the
11employer to take action to remedy the violation, including reinstating the employee,
12providing compensation in lieu of reinstatement, providing back pay accrued not
13more than 2 years before the complaint was filed, and paying reasonable actual costs
14and attorney fees to the complainant.
AB193,2 15Section 2. 106.54 (11) of the statutes is created to read:
AB193,4,1816 106.54 (11) The division shall receive complaints under s. 103.12 (6) and shall
17process the complaints in the same manner as employment discrimination
18complaints are processed under s. 111.39.
AB193,3 19Section 3. 111.322 (2m) (a) of the statutes is amended to read:
AB193,4,2320 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
21right under s. 103.02, 103.10, 103.11, 103.12, 103.13, 103.28, 103.32, 103.34,
22103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
23or 103.64 to 103.82.
AB193,4 24Section 4. 111.322 (2m) (b) of the statutes is amended to read:
AB193,5,4
1111.322 (2m) (b) The individual testifies or assists in any action or proceeding
2held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.12, 103.13,
3103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
4or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB193,5 5Section 5. 111.91 (2) (gp) of the statutes is created to read:
AB193,5,86 111.91 (2) (gp) The right of an employee who is breast-feeding her child under
7one year of age to take reasonable break time to express breast milk for the child as
8provided in s. 103.12 (2).
AB193,6 9Section 6. Initial applicability.
AB193,5,1410 (1) Reasonable break time for nursing mothers. This act first applies to an
11employee who is covered by a collective bargaining agreement that contains
12provisions inconsistent with section 103.12 of the statutes on the day on which the
13collective bargaining agreement expires or is extended, modified, or renewed,
14whichever occurs first.
AB193,5,1515 (End)
Loading...
Loading...