Lactating or pregnant workers could see new accommodations

Minnesota legislators are also pushing sales tax breaks on baby items and coverage of infertility treatments.

May 13, 2023 at 7:00PM
Sen. Erin Maye Quade, DFL-Apple Valley, with her family after her mock swearing-in in January. From left, Judge Wilhelmina Wright, Erin’s wife Alyse Maye Quade, their baby Harriet, 8 months, Erin’s mom Kathy Sullivan Maye and her dad Ron Maye. Sen. Quade is pushing for a change to require large group health plans that offer maternity benefits to cover infertility diagnosis and treatment. (Glen Stubbe, Star Tribune file/The Minnesota Star Tribune)

Minnesota could soon require additional business accommodations for pregnant or lactating employees, remove sales taxes on more baby products and potentially require insurers to cover infertility treatments.

"We want our jobs, but we also want our families," said Rep. Erin Koegel, DFL-Spring Lake Park. "Some of the policies we're putting in place for working moms and working families is going to be really attractive to folks around the country."

Last year Minnesota became the third state in the nation to mandate that businesses provide paid breaks for workers to pump breast milk. Now legislators may expand the change, including ending an exemption for businesses with fewer than 15 employees.

Workers currently have a right to reasonable break times up to 12 months post-birth. Legislators aim to remove that time limit. And they plan to end a provision that allows companies not to provide breaks if they "unduly disrupt the operations of the employer."

Companies would also have to provide a "clean, private and secure" place to pump under the proposed changes.

If someone has health conditions tied to pregnancy or childbirth, the type of accommodations they can seek would be expanded to include a potential temporary leave of absence, modification of their schedule or assignments and allowance for more frequent or longer breaks.

Employers would not be allowed to penalize, discriminate or otherwise retaliate against a worker who asserts their rights to paid breaks or pregnancy accommodations. A company would need to let workers know their rights when they are hired or if they ask about parental leave.

DFL lawmakers said the provisions are likely to pass as part of a broader bill, and could take effect July 1. Both the House and Senate's jobs, economic development, labor and industry budget bills contain $544,000 over the next two years for outreach and enforcement of the changes.

Tax exemption for baby items

In other news for new or soon-to-be parents, lawmakers' tax bills would expand sales tax breaks for baby products.

Some items, including pacifiers and breast pumps, are already exempt from sales taxes. The bills would add cribs and bassinets, wipes, changing tables, strollers, car seats and other items to that list.

The changes are included in both the House and Senate tax bills. If signed into law, the exemptions would also take effect in July.

Infertility treatment coverage

Another proposal at the Capitol would require large group health plans that offer maternity benefits to cover infertility diagnosis and treatment, including in vitro fertilization, as well as fertility preservation services.

There was strong bipartisan support for the idea in the Senate and it was included in their health and human services bill, said Sen. Erin Maye Quade, DFL-Apple Valley, who is pushing the change.

"We really are passing transformative legislation to be the best state to raise a child, have a child, and live and thrive," she said.

about the writer

about the writer

Jessie Van Berkel

Reporter

Jessie Van Berkel is the Star Tribune’s social services reporter. She writes about Minnesota’s most vulnerable populations and the systems and policies that affect them. Topics she covers include disability services, mental health, addiction, poverty, elder care and child protection.

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