SENATE BILL REPORT
SB 5217
As of January 16, 2025
Title: An act relating to expanding pregnancy-related accommodations.
Brief Description: Expanding pregnancy-related accommodations.
Sponsors: Senators Nobles, Lovelett, Hasegawa, Liias, Riccelli, Salda?a, Salomon, Stanford, Trudeau and Wilson, C..
Brief History:
Committee Activity: Labor & Commerce: 1/20/25.
Brief Summary of Bill
  • Modifies the definition of employer for purposes of pregnancy and pregnancy-related accommodation.
  • Requires an employer to pay an employee for break and travel time to express milk during work at the employee's regular compensation rate.
  • Allows a person who is breastfeeding to request a delay or excusal from jury service if the person is unable to serve due to breastfeeding.
SENATE COMMITTEE ON LABOR & COMMERCE
Staff: Marlon Llanes (786-7423)
Background:

Reasonable Accommodation.? It is an unfair practice for an employer to fail to make reasonable accommodation for an employee's pregnancy or pregnancy-related health conditions, including the need to express breast milk. ?This law applies to employers who employ 15 or more persons and excludes non-profit religious organizations.

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An employee alleging an unfair practice may file a complaint with the Human Rights Commission, which must investigate and attempt to eliminate the unfair practice by conference, conciliation, and persuasion. An employee may also bring a civil cause of action in court to recover actual damages, costs, reasonable attorneys' fees, and any other appropriate remedy.

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Reasonable accommodation includes providing reasonable break time for an employee to express breast milk for two years after the child's birth and providing a private location other than a bathroom to express milk if the space is available at the place of business or worksite. ?If there is no space, the employer must work with the employee to identify a convenient location and work schedule to accommodate the employee's needs.

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Under the federal Fair Labor Standards Act (FLSA), most employees have the right to reasonable break time and a private place to pump breast milk for their nursing child for one year after the child?s birth.? The FLSA does not require that employees be compensated for break time needed to pump breast milk.

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In 2024, the state of New York passed a law requiring employers to provide up to 30 minutes of paid lactation breaks to employees each time an employee has a reasonable need to express breast milk at work. Georgia, Illinois, and Minnesota have similar laws requiring paid lactation breaks for expressing milk.

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Jury Service.? A person may not be excused from jury service by the court unless there is an undue hardship, extreme inconvenience, public necessity, or a reason the court decides is acceptable. ?A person who is 80 years of age or older may request to be excused from jury service if the person attests that the person is unable to serve due to health reasons.
Summary of Bill:

Reasonable Accommodation.? An employer is required to pay an employee for break time, and travel time if the business does not have a private location other than a bathroom, to express milk during work at the employee's regular compensation rate.

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An employer may not require an employee to use paid leave during break or travel time to express milk.

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The definition of employer that applies to reasonable work accommodations for pregnancy, including the pay requirement for break and travel time to express milk, is expanded to include any employer who employs one or more persons and any religious or sectarian organization not organized for private profit.

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Jury Duty.? A person who is breastfeeding may request a delay or excusal from jury service if the person attests that the person is unable to serve due to breastfeeding.
Appropriation: None.
Fiscal Note: Requested on January 16, 2025.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.