HOUSE BILL 613

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Danice Picraux

AN ACT

RELATING TO NURSING MOTHERS; SAFEGUARDING A NURSING MOTHER'S RIGHT TO USE A BREAST PUMP IN THE WORKPLACE AND TO HAVE A FLEXIBLE BREAK TIME IN WHICH TO USE IT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 28, Article 20 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] USE OF A BREAST PUMP IN THE WORKPLACE.--

          A. In order to foster the ability of a nursing mother who is an employee to use a breast pump in the workplace, an employer, including the state and its political subdivisions, shall provide:

                (1) a space for using the breast pump that is:

                     (a) clean and private;

                     (b) near the employee's workspace; and

                     (c) not a bathroom; and

                (2) flexible break times.

          B. An employer shall not be liable for:

                (1) storage or refrigeration of breast milk;                 (2) payment for a nursing mother's break time in addition to established employee breaks; or

                (3) payment of overtime while a nursing mother is using a breast pump."

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