Wage and Hour Bulletin
February 2023
What businesses need to know about pregnancy, nursing rights in the workplace
In Minnesota, pregnant and nursing employees have legal protections to keep them safe and healthy in the workplace. It’s important employers and workers understand these requirements, and the Minnesota Department of Labor and Industry (DLI) is here to help.
Let’s review some common questions our agency receives regarding workplace rights and protections for pregnant and nursing employees.
What accommodations must an employer provide to an employee who is pregnant?
A pregnant employee is entitled to these accommodations without having to provide a note from a doctor or any other "proof" that the accommodation is necessary:
- more frequent restroom breaks or food and water breaks;
- seating arrangements; and
- a limit of lifting more than 20 pounds.
In addition to providing the three accommodations listed above, an employer must actively engage with an employee to find other ways to accommodate her during her pregnancy, provided the accommodation does not pose any undue hardship on the employer.
The employer cannot require a pregnant employee to accept any of these accommodations if she does not want them.
Are all employees who become parents eligible to receive pregnancy and parental leave?
No, an employer must provide at least 12 weeks of unpaid pregnancy and parental leave to an employee if:
- the employer has at least 21 or more employees at a single site, regardless of where that site is;
- the employee has worked for the employer for at least 12 months before requesting the leave (not required to be consecutive); and
- the employee worked at least half-time during the 12 months immediately preceding the leave.
Can an employer require an employee to make up time for breaks taken to express milk at work?
No, an employer cannot reduce an employee’s compensation for time taken to express milk. While breaks must, where possible, run concurrently with breaks already provided, including existing unpaid breaks, employers can’t reduce an employee's pay or require an employee to make up time used to express milk.
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How to become a 'breastfeeding-friendly' workplace
Recently, the Minnesota Department of Health (MDH), named DLI a “breastfeeding-friendly workplace” for DLI’s contributions to the health of parents and their babies.
MDH’s Breastfeeding Friendly Recognition Program recognizes workplaces and county health departments that have demonstrated their commitment to supporting breastfeeding employees by creating a workplace lactation support program. The designation is achieved by:
- adopting a written policy and educating staff about it;
- ensuring adequate break time for breastfeeding employees;
- providing a clean, private place to pump human milk; and
- demonstrating a strong commitment to supporting breastfeeding in the workplace.
Businesses can learn how to apply for recognition by visiting health.state.mn.us/breastfeedingfriendly.
Save the date: Feb. 28 wage, hour webinar
DLI's Labor Standards unit is providing a series of webinars to help workers and employers better understand the state's wage and hour laws.
The Feb. 28 webinar will cover wage and hour basics and what employers and employees need to know.
To learn more and register, visit dli.mn.gov/events.
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Questions?
Labor Standards serves the people of Minnesota by providing
information about the state's wage, hour and employment laws.
Phone: 651-284-5075 or 800-342-5354
Email: dli.laborstandards@state.mn.us
Website: dli.mn.gov/laborlaw
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