Wisconsin Assembly Bill AB436

Wisconsin 2023-2024 Regular Session

• Introduced: 9/19/23
• Refer: 9/19/23
• Failed: 4/15/24

Caption

Requiring an employer to provide reasonable break time and accommodations for an employee who is breastfeeding the employee's child to express breast milk for the child. (FE)

Impact

The bill's introduction directly impacts workplace standards for breastfeeding employees, reinforcing their rights to break times and appropriate accommodations. It expands upon existing FLSA regulations by clearly defining the responsibilities of employers towards employees who are nursing mothers. Notably, the bill includes exceptions for small employers, those with fewer than 50 employees, if compliance would cause undue hardship.

Summary

Assembly Bill 436 mandates that employers provide reasonable break time for employees to express breast milk for their children under one year of age, ensuring that both state and local government employers, as well as private businesses with at least one employee, are covered. The bill also specifies the necessary facilities for employees, including a private location free from intrusion and essential amenities like an electrical outlet, running water, and a refrigerator for breast milk storage. This aligns state law with the requirements outlined in the federal Fair Labor Standards Act (FLSA).

Contention

While the bill is a significant step forward for workplace rights, it may prompt discussions regarding the cost and feasibility for small businesses to implement such changes. Critics might raise concerns about the potential burdens on employers, particularly in sectors where staffing flexibility is crucial. Supporters argue that accommodating breastfeeding employees is essential for public health and family welfare, signifying a progressive shift in labor standards.