Bill Text For SB0285 - Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             2nd Session of the 57th Legislature (2020)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
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 4|SENATE BILL 285                      By: Dossett                       |
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 7|                        COMMITTEE SUBSTITUTE                           |
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 8|       An Act relating to labor; amending 40 O.S. 2011,                |
  |       Section 435, which relates to break time and                    |
 9|       accommodations for expressing milk or breast-feeding;           |
  |       requiring appropriate authority of covered state                |
10|       building to provide certain break time; and providing           |
  |       an effective date.                                              |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     40 O.S. 2011, Section 435, is        |
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15|amended to read as follows:                                            |
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16|    Section 435.  A.  1.  An employer other than a state agency may    |
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17|provide reasonable unpaid break time each day to an employee who       |
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18|needs to breast-feed or express breast milk for her child to           |
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19|maintain milk supply and comfort.  The break time, if possible,        |
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20|shall run concurrently with any break time, paid or unpaid, already    |
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21|provided to the employee.  An employer is not required to provide      |
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22|break time under this section if to do so would create an undue        |
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23|hardship on the operations of the employer.                            |
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   Req. No. 3966                                                   Page 1
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 1|    2.  An employer that is a state agency shall provide reasonable    |
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 2|paid break time each day to an employee who needs to breast-feed or    |
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 3|express breast milk for her child to maintain milk supply and          |
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 4|comfort.                                                               |
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 5|    B.  An employer may make a reasonable effort to provide a          |
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 6|private, secure, and sanitary room or other location in close          |
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 7|proximity to the work area, other than a toilet stall, where an        |
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 8|employee can express her milk or breast-feed her child.                |
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 9|    C.  The Department of Health shall issue periodic reports on       |
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10|breast-feeding rates, complaints received, and benefits reported by    |
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11|both working breast-feeding mothers and employers.                     |
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12|    D.  As used in this section:                                       |
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13|    1.  "Employer" means a person engaged in business who has one or   |
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14|more employees, including the state and any political subdivision of   |
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15|the state;                                                             |
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16|    2.  "Employee" means any person engaged in service to an           |
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17|employer in the business of the employer;                              |
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18|    3.  "Reasonable efforts" means any effort that would not impose    |
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19|an undue hardship on the operation of the employer's business; and     |
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20|    4.  "Undue hardship" means any action that requires significant    |
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21|difficulty or expense when considered in relation to factors such as   |
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22|the size of the business, its financial resources, and the nature      |
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23|and structure of its operation.                                        |
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   Req. No. 3966                                                   Page 2
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 1|    SECTION 2.  This act shall become effective November 1, 2020.      |
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 3|    57-2-3966      DC        2/27/2020 12:50:11 PM                     |
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   Req. No. 3966                                                   Page 3
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