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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
breastfeeding mothers; teachers; accommodation
Purpose
Precludes a public school from prohibiting a teacher who is a nursing mother from breastfeeding at the school. Requires a public school to provide a teacher who is a nursing mother with reasonable breaks and a private place to express breast milk.
Background
The federal Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide: 1) reasonable break time for an employee to express breast milk for one year after a child’s birth each time the employee needs to express the milk; and 2) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public and may be used by an employee to express breast milk. An employer is authorized to not compensate an employee receiving reasonable break time for any work time spent breastfeeding (29 U.S.C. § 218d).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a school district or charter school from prohibiting a breastfeeding mother who is a teacher at the school from bringing the mother's infant to the school to breastfeed.
2. Specifies that a school district or charter school must provide reasonable accommodations for breastfeeding, including reasonable breaks and a private place to allow the nursing mother to breastfeed, if the accommodations do not pose an undue hardship.
3. Requires a school district or charter school to provide a nursing mother who is a teacher at the school with reasonable break times and a private place shielded from view to express breast milk.
4. Exempts a school district or charter school from the reasonable accommodation requirement if the school district or charter school can demonstrate an undue hardship, including:
a) the costs associated with providing a reasonable accommodation;
b) the availability of resources;
c) a substantial alteration of an educational program;
d) a substantial classroom or teacher workflow disruption; or
e) a substantial safety concern or liability risk.
5. Determines that a school district or charter school is not required to provide child care services.
6. Becomes effective on the general effective date.
Amendment Adopted by Committee of the Whole
3. Determines that a school district or charter school is not required to provide child care services.
4. Makes conforming changes.
Senate Action
ED 2/14/24 DP 6-0-2
Prepared by Senate Research
March 5, 2024
MH/LB/slp