Subdivision 1. Nursing mothers. (a) An employer must provide reasonable break times each day to an employee who needs to express breast milk for her infant child during the twelve months following the birth of the child. The break times must, if possible, run concurrently with any break times already provided to the employee. An employer is not required to provide break times under this section if to do so would unduly disrupt the operations of the employer. An employer shall not reduce an employee's compensation for time used for the purpose of expressing milk.
(b) 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 coworkers and the public and that includes access to an electrical outlet, where the employee can express milk in privacy. The employer would be held harmless if reasonable effort has been made.
(c) For the purposes of this subdivision, "employer" means a person or entity that employs one or more employees and includes the state and its political subdivisions.
(d) An employer shall not retaliate against an employee for asserting rights or remedies under this subdivision.
Subd. 2. Pregnancy accommodations. (a) An employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. A pregnant employee shall 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. The employee and employer shall engage in an interactive process with respect to an employee's request for a reasonable accommodation. Reasonable accommodation may include but is not limited to temporary transfer to a less strenuous or hazardous position, seating, frequent restroom breaks, and limits to heavy lifting. Notwithstanding any other provision of this subdivision, an employer shall not be required to create a new or additional position in order to accommodate an employee pursuant to this subdivision and shall not be required to discharge an employee, transfer another employee with greater seniority, or promote an employee.
(b) Nothing in this subdivision shall be construed to affect any other provision of law relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy, childbirth, or health conditions related to pregnancy or childbirth under any other provisions of any other law.
(c) An employer shall not require an employee to take a leave or accept an accommodation.
(d) An employer shall not retaliate against an employee for asserting rights or remedies under this subdivision.
(e) For the purposes of this subdivision, "employer" means a person or entity that employs fifteen or more employees and includes the state and its political subdivisions.
1998 c 369 s 1; 2014 c 239 art 4 s 3; 1Sp2021 c 10 art 3 s 3
Structure Minnesota Statutes
Chapters 175 - 186 — Labor, Industry
Section 181.01 — Wages Of Minors; To Whom Paid.
Section 181.02 — Salary Or Wages Not To Be Paid By Nonnegotiable Instruments.
Section 181.03 — Certain Acts Relating To Payment Of Wages Unlawful.
Section 181.031 — Employers Not To Accept Consideration For Securing Employment.
Section 181.032 — Required Statement Of Earnings By Employer; Notice To Employee.
Section 181.04 — Assignment, Sale, Or Transfer Of Wages; When Not Effective.
Section 181.041 — Garnishment; Assignment, Sale, Or Transfer Of Wages; When Not Effective.
Section 181.05 — Consent Of Employer To Assignment Required.
Section 181.06 — Assignment Of Wages; Payroll Deductions.
Section 181.063 — Assignment Of Wages, Public Employees.
Section 181.07 — Assignment Of Unearned Wages As Security.
Section 181.08 — Public Service Corporations; Payment Of Wages, Requirements.
Section 181.09 — Recovery Of Wages, Costs.
Section 181.10 — Wages Paid Every 15 Days.
Section 181.101 — Wages; How Often Paid.
Section 181.11 — Discharged Employee Must Be Paid Within 24 Hours.
Section 181.13 — Penalty For Failure To Pay Wages Promptly.
Section 181.14 — Payment To Employees Who Quit Or Resign; Settlement Of Disputes.
Section 181.145 — Prompt Payment Of Commissions To Commission Salespeople.
Section 181.15 — When Employee Not Entitled To Benefits.
Section 181.16 — Construction Of Sections 181.13 To 181.171.
Section 181.171 — Court Actions; Private Party Civil Actions.
Section 181.172 — Wage Disclosure Protection.
Section 181.1721 — Attorney General Enforcement.
Section 181.275 — Regulating Nurses' Overtime.
Section 181.52 — Interference With Employment.
Section 181.53 — Conditions Precedent To Employment Not Required.
Section 181.535 — Armed Forces Reserves Or National Guard Status.
Section 181.54 — Commissioner Of Human Services, Safety Inspection Work.
Section 181.55 — Written Statement To Employees By Employers.
Section 181.56 — No Statement Given; Burden Of Proof.
Section 181.57 — Application Of Sections 181.55 And 181.56.
Section 181.58 — Surviving Spouse Paid Wages Due.
Section 181.59 — Discrimination On Account Of Race, Creed, Or Color Prohibited In Contract.
Section 181.61 — Medical Examination; Records, Costs.
Section 181.63 — Sale Or Use Of Silicate, Silica Dust, Or Silicon Flour For Certain Purposes.
Section 181.635 — Recruitment; Food Processing Employment.
Section 181.64 — False Statements As Inducement To Entering Employment.
Section 181.645 — Expenses For Background Checks, Testing, And Orientation.
Section 181.66 — Equal Pay For Equal Work Law; Definitions.
Section 181.67 — Wage Discrimination Based On Sex; Protection Of Employees Involved In Proceeding.
Section 181.68 — Actions; Limitations, Damages, Attorney Fees, Parties, Compromises.
Section 181.721 — Construction Bid Equity.
Section 181.722 — Misrepresentation Of Employment Relationship Prohibited.
Section 181.723 — Construction Contractors.
Section 181.73 — Migrant Labor; Health Insurance.
Section 181.74 — Failure Of Employer To Pay Benefits Or Wage Supplements, Penalty.
Section 181.75 — Polygraph Tests Of Employees Or Prospective Employees Prohibited.
Section 181.76 — Disclosure Of Lie Detector Tests Prohibited.
Section 181.78 — Agreements; Terms Relating To Inventions.
Section 181.79 — Wages Deductions For Faulty Workmanship, Loss, Theft, Or Damage.
Section 181.80 — Union Notice Of Injury Or Death.
Section 181.81 — Dismissal For Age; Prohibition; Exceptions; Remedies.
Section 181.82 — Benefits Based On Job Performance Prohibited.
Section 181.83 — Corn Detasselers; Termination Of Employment.
Section 181.84 — Corn Detasselers; Work Conditions.
Section 181.85 — Migrant Labor; Definitions.
Section 181.86 — Employment Statement.
Section 181.87 — Payment Terms.
Section 181.88 — Record Keeping.
Section 181.89 — Civil Actions.
Section 181.90 — Use Wagner-peyser System.
Section 181.91 — Preservation Of Existing Remedies.
Section 181.92 — Leaves For Adoptive Parents.
Section 181.93 — Notice To Employees And Applicants Of Bankruptcy.
Section 181.931 — Definitions.
Section 181.932 — Disclosure Of Information By Employees.
Section 181.933 — Notice Of Termination.
Section 181.934 — Employee Notice.
Section 181.935 — Individual Remedies; Penalty.
Section 181.937 — Reprisals For Failure To Contribute; Civil Action.
Section 181.938 — Nonwork Activities; Prohibited Employer Conduct.
Section 181.939 — Nursing Mothers, Lactating Employees, And Pregnancy Accommodations.
Section 181.940 — Definitions.
Section 181.941 — Pregnancy And Parenting Leave.
Section 181.9412 — School Conference And Activities Leave.
Section 181.9413 — Sick Leave Benefits; Care Of Relatives.
Section 181.942 — Reinstatement After Leave.
Section 181.943 — Relationship To Other Leave.
Section 181.9435 — Division; Investigations, Reports.
Section 181.9436 — Posting Of Law.
Section 181.944 — Individual Remedies.
Section 181.945 — Leave For Bone Marrow Donations.
Section 181.9456 — Leave For Organ Donation.
Section 181.9458 — Authorization For Blood Donation Leave.
Section 181.946 — Leave For Civil Air Patrol Service.
Section 181.948 — Leave To Attend Military Ceremonies.
Section 181.950 — Definitions.
Section 181.951 — Authorized Drug And Alcohol Testing.
Section 181.952 — Policy Contents; Prior Written Notice.
Section 181.953 — Reliability And Fairness Safeguards.
Section 181.954 — Privacy, Confidentiality, And Privilege Safeguards.
Section 181.955 — Construction.
Section 181.957 — Federal Preemption.
Section 181.960 — Definitions.
Section 181.961 — Review Of Personnel Record By Employee.
Section 181.962 — Removal Or Revision Of Information.
Section 181.963 — Use Of Omitted Personnel Record.
Section 181.9631 — Notice Of Employee Rights.
Section 181.964 — Retaliation Prohibited.
Section 181.9641 — Enforcement.
Section 181.966 — Additional Right Of Access To Records.
Section 181.967 — Employment References.
Section 181.970 — Employee Indemnification.
Section 181.9731 — Public Safety Peer Counseling.
Section 181.9732 — Critical Incident Stress Management.
Section 181.974 — Genetic Testing In Employment.