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2016 SESSION

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16102258D
HOUSE BILL NO. 1076 Offered January 13, 2016 Prefiled January 13, 2016 A BILL to amend the Code of Virginia by adding a section numbered 40.1-28.6:1, relating to break time and location for employees to express breast milk. ---------- Patrons-- Yancey, Hester and McClellan ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 40.1-28.6:1 as follows:

§ 40.1-28.6:1. Employers to allow breaks and location for expressing breast milk.

A. As used in this section, "employer" includes, in addition to those persons encompassed by the definition of "employer" in § 40.1-2, the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.

B. An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for that employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer shall not be required to provide break time under this subsection if to do so would unduly disrupt the operations of the employer.

C. An employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee who needs to express breast milk for that employee's infant child can express breast milk in privacy. The employer shall not be held to have violated this subsection if the employer has made reasonable efforts to comply with the requirements of this subsection.