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February 2022: Minnesota Amends Lactation Breaks, Pregnancy Accommodations Provisions

02 Feb

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Update Applicable to:
All employers in the state of Minnesota

What happened?
The state of Minnesota amended lactation breaks and merged pregnancy accommodations.

What are the details?
Lactation Breaks
Effective January 1, 2022, employers are required to provide employees who need to express breast milk for their infant child with reasonable break times each day. The amendment prohibits employers from reducing an employee’s compensation for time used for the purpose of expressing milk.

Additionally, the amendment limits an employer’s obligation to the 12 months following the child’s birth.

Pregnancy Accommodations
The amendment also merged the provisions governing lactation breaks and pregnancy accommodations into one section, Minnesota Statute Section 181.939. This means beginning January 1, 2022, employers with at least 15 employees (previously, 21 employees) are covered under the pregnancy accommodations provision.

Additionally, there is no longer any length of time or an average number of hours per week an employee must satisfy to qualify for the accommodation rights and protections under the statute.

For more information, please see the links below:

Minnesota Statute Section 181.939

Article 1Article 2

What do employers need to do?
Employers may want to review their policies and practices on lactation breaks to ensure that they are providing the paid break time required under Minnesota’s amended law.

Employers with between 15 and 20 employees might want to review their pregnancy accommodations policies to ensure that they are providing accommodations in compliance with the law, which now applies to them.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Minnesota PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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