Bill Text: CT HB05461 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning Protection For Employees Who Breastfeed Or Express Breast Milk In The Workplace.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-10 - Public Hearing 02/15 [HB05461 Detail]
Download: Connecticut-2011-HB05461-Comm_Sub.html
General Assembly |
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January Session, 2011 |
LCO No. 2899 | ||
*02899HB05461LAB* | |||
Referred to Committee on Labor and Public Employees |
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Introduced by: |
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(LAB) |
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AN ACT CONCERNING PROTECTION FOR EMPLOYEES WHO BREASTFEED OR EXPRESS BREAST MILK IN THE WORKPLACE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (a) Any employee or representative of an employee who believes that there is a violation by the employer, as defined in section 31-40w of the general statutes, as amended by this act, of such employee of any provision of section 31-40w of the general statutes, as amended by this act, may request an inspection by filing a complaint of such violation with the Labor Commissioner. The complaint shall be in writing, be signed and set forth with reasonable particularity the grounds for the complaint. Within a reasonable period of time after receipt of such complaint, the Labor Commissioner shall notify the employer in writing of the complaint and permit the employer to demonstrate compliance with the provisions of said section 31-40w. If such compliance has not been demonstrated to the satisfaction of the commissioner within fourteen days after the mailing of the notification, the commissioner or his or her authorized representative, upon presenting appropriate credentials to the employer, operator or agent in charge, shall inspect, at reasonable times, the employer's workplace and all conditions pertinent to the grounds of the complaint and shall, in a reasonable manner, make any additional investigation deemed necessary by the commissioner or his or her representative for the full and effective determination of such employer's compliance with the provisions of said section 31-40w. Whenever the commissioner or his or her authorized representative, proceeding pursuant to this section, is denied admission to any such place of employment, he or she shall obtain a warrant to make an inspection or investigation of such place of employment from any judge of the Superior Court. Any judge of the Superior Court within the state is authorized to issue a warrant pursuant to this section and shall issue such warrant whenever he or she is satisfied that the following conditions are met: (1) That the individual seeking the warrant is a duly authorized agent of the department; and (2) that such individual has established under oath or affirmation that the place of employment to be investigated in accordance with this section is to be inspected to determine compliance or noncompliance with the requirements of said section 31-40w.
(b) No employer shall discriminate against or discipline, in any manner, any employee because such employee has filed a complaint of violations of section 31-40w of the general statutes, as amended by this act, as provided in this section, or has assisted the commissioner or his or her authorized representative in the investigation of such a complaint.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
New section |
Statement of Purpose:
To allow employees who are denied their right to express breast milk in the workplace to file a complaint with the Labor Commissioner to enforce employer compliance and prevent further discriminatory or retaliatory action.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]