Effective July 1, 2013, Hawaii Employment Practices Law was amended to require an employer allow an employee reasonable break time to express breast milk for one year after her child’s birth each time the employee has a need. Under the law, employers must also provide the employee with a location, other than a restroom, shielded from view and free from intrusion for this purpose.
Employers with less than 20 employees are not subject to the requirements if they can prove it would impose undue hardship on them to comply. The undue hardship exception takes into consideration the difficulty or expense in light of the size, financial resources, nature and structure of the employer’s business.
All employers in the state of Hawaii are required to post a notice informing employees of their breastfeeding rights in the workplace and use other means to keep employees informed of their rights.
Employers who fail to comply with the law are subject to a $500 fine and civil suit damages.
The Hawaii Department of Industrial Relations has released a notice that complies with the requirements of the new breastfeeding law. The notice is included on Compliance Poster Company’s new 2013 Hawaii All-On-One Labor Law Posters. Employers with previous poster versions should update today.