AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Research shows that breastfeeding is ideal for the health and well-being of both infants and mothers, but for moms returning to work, breastfeeding can be challenging due to a lack of private space and time in which to express breast milk. 

 

Under the Fair Labor Standards Act, employers are required to provide a private place and a reasonable amount of break time for non-exempt employees to express breast milk for their child. However, since educators are exempt employees, they are not covered under this requirement. 

 

S.B. 1479 will ensure that both exempt and non-exempt school employees have the ability to express breast milk for their child during the work day.

 

As proposed, S.B. 1479 amends current law relating to reasonable break times and facilities for school district educators expressing breast milk.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter I, Chapter 21, Education Code, by adding Section 21.4051, as follows:

 

Sec. 21.4051. TIME AND FACILITIES FOR EXPRESSING BREAST MILK. Requires a school district to:

 

 (1) provide a reasonable amount of break time at appropriate intervals to accommodate an educator desiring to express breast milk for a child of the educator who is under one year of age; and

 

(2) provide a room or other location in close proximity to the educator's work area, other than a toilet stall or restroom, with an accessible electrical outlet and a locking door where the educator can express breast milk in private.

 

SECTION 2. Provides that this Act applies beginning with the 2015-2016 school year.

 

SECTION 3. Effective date: upon passage or September 1, 2015.