H 3200 {Rat #146, Act #141 of 2020} General Bill, By Henderson-Myers, Allison, Bernstein, 
Govan, Ridgeway, Clyburn, Brawley, McDaniel, Cogswell, Caskey, Norrell and 
Weeks

Similar(S 406)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH
 CAROLINA LACTATION SUPPORT ACT" BY ADDING SECTION 41-1-130 SO AS TO PROVIDE
 NECESSARY DEFINITIONS, TO PROVIDE EMPLOYERS DAILY SHALL PROVIDE EMPLOYEES WITH
 REASONABLE UNPAID BREAK TIME OR SHALL PERMIT EMPLOYEES TO USE PAID BREAK TIME
 OR MEAL TIME TO EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS SHALL MAKE
 REASONABLE EFFORTS TO PROVIDE CERTAIN AREAS WHERE EMPLOYEES MAY EXPRESS BREAST
 MILK, TO PROVIDE EMPLOYERS MAY NOT DISCRIMINATE AGAINST EMPLOYEES FOR CHOOSING
 TO EXPRESS BREAST MILK IN THE WORKPLACE IN COMPLIANCE WITH THE PROVISIONS OF
 THIS ACT, TO ALLOW NONCOMPLIANCE WHEN AN UNDUE HARDSHIP ON THE EMPLOYER WOULD
 RESULT FROM COMPLIANCE, AND TO PROVIDE REMEDIES FOR VIOLATIONS; TO PROVIDE
 RELATED OBLIGATIONS OF THE HUMAN AFFAIRS COMMISSION; TO PROVIDE RELATED
 FINDINGS AND EXPRESS THE INTENTION OF THE GENERAL ASSEMBLY; AND TO PROVIDE A
 THIRTY-DAY COMPLIANCE PERIOD FOR EMPLOYERS. - ratified title
3200.htm">View full text
   12/18/18  House  Prefiled
   12/18/18  House  Referred to Committee on Labor, Commerce and Industry
   01/08/19  House  Introduced and read first time (House Journal-page 125)
   01/08/19  House  Referred to Committee on Labor, Commerce and
                     Industry (House Journal-page 125)
   01/16/19  House  Member(s) request name added as sponsor: Brawley
   01/29/19  House  Member(s) request name added as sponsor: McDaniel
   02/28/19  House  Member(s) request name added as sponsor: Cogswell
   02/28/19  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry (House Journal-page 53)
   03/05/19  House  Member(s) request name added as sponsor: Caskey,
                     Norrell, Weeks
   03/06/19  House  Amended (House Journal-page 48)
   03/06/19  House  Read second time (House Journal-page 48)
   03/06/19  House  Roll call Yeas-93  Nays-0 (House Journal-page 50)
   03/07/19  House  Read third time and sent to Senate
                     (House Journal-page 9)
   03/07/19  Senate Introduced and read first time (Senate Journal-page 5)
   03/07/19  Senate Referred to Committee on Labor, Commerce and
                     Industry (Senate Journal-page 5)
   01/23/20  Senate Committee report: Favorable Labor, Commerce and
                     Industry (Senate Journal-page 15)
   03/12/20  Senate Amended (Senate Journal-page 12)
   03/12/20  Senate Read second time (Senate Journal-page 12)
   03/12/20  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 12)
   05/12/20  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 34)
   06/24/20  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 41)
   06/24/20  House  Roll call Yeas-111  Nays-0 (House Journal-page 41)
   06/25/20         Ratified R  146
   06/25/20         Signed By Governor
   06/26/20         Effective date  07/25/20
   06/26/20         Act No.  141

H. 3200

(A141, R146, H3200)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA LACTATION SUPPORT ACT" BY ADDING SECTION 41-1-130 SO AS TO PROVIDE NECESSARY DEFINITIONS, TO PROVIDE EMPLOYERS DAILY SHALL PROVIDE EMPLOYEES WITH REASONABLE UNPAID BREAK TIME OR SHALL PERMIT EMPLOYEES TO USE PAID BREAK TIME OR MEAL TIME TO EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS SHALL MAKE REASONABLE EFFORTS TO PROVIDE CERTAIN AREAS WHERE EMPLOYEES MAY EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS MAY NOT DISCRIMINATE AGAINST EMPLOYEES FOR CHOOSING TO EXPRESS BREAST MILK IN THE WORKPLACE IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT, TO ALLOW NONCOMPLIANCE WHEN AN UNDUE HARDSHIP ON THE EMPLOYER WOULD RESULT FROM COMPLIANCE, AND TO PROVIDE REMEDIES FOR VIOLATIONS; TO PROVIDE RELATED OBLIGATIONS OF THE HUMAN AFFAIRS COMMISSION; TO PROVIDE RELATED FINDINGS AND EXPRESS THE INTENTION OF THE GENERAL ASSEMBLY; AND TO PROVIDE A THIRTY-DAY COMPLIANCE PERIOD FOR EMPLOYERS.

Be it enacted by the General Assembly of the State of South Carolina:

Citation

SECTION    1.    This act must be known and may be cited as the "South Carolina Lactation Support Act".

Intent

SECTION    2.    It is the intent of the General Assembly, by this act, to promote public health and to support those who wish to express breast milk at work by requiring employers to make reasonable efforts to provide workers with reasonable unpaid break time and space to express milk at work. This act will not require employers to compensate employees for breaks taken to express breast milk unless the employer already provides compensated breaks and does not require employers to create a permanent or dedicated space for use by pumping employees. South Carolina ranks far lower than the national average of breastfed infants. Providing workers reasonable support to express milk on the job is a crucial health measure and will benefit South Carolina's economy by keeping nursing employees in the workforce.

Break times, definitions, remedies

SECTION    3.    Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-130.    (A)    As used in this section, 'employer' means a person or entity that employs one or more employees and includes the State and its political subdivisions.

(B)    An employer shall provide an employee with reasonable unpaid break time or shall permit an employee to use paid break time or meal time each day to express breast milk. The employer shall make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, where an employee may express milk in privacy. An employer may not discriminate against an employee for choosing to express breast milk in the workplace in compliance with the provisions of this section. The break time must, if possible, run concurrently with any break time already provided to the employee. The employee shall make reasonable efforts to minimize disruption to the employer's operations. The employer must be held harmless if it makes reasonable efforts to comply with this subsection. This section does not require an employer to provide break time if doing so would create an undue hardship on the operations of the employer. Nothing in this section shall be construed to require an employer to build a room for the primary purpose of expressing breast milk.

(C)    The procedures for seeking redress for violations of this chapter are provided in Section 1-13-90."

Human Affairs Commission directives

SECTION    4.    Within thirty days after approval by the Governor of this act, the South Carolina Human Affairs Commission shall post on its website information to educate employers, employees, and employment agencies about their rights and responsibilities under this act. The website must include a phone number for employers to call to receive information about this act and assistance in complying with the provisions of this act, and a link to additional information on this act on the commission's website.

Employer compliance

SECTION    5. Employers have thirty days after the South Carolina Human Affairs Commission posts the required information in SECTION 4 to its website before they must comply with the provisions of this act.

Construction

SECTION    6.    Nothing in this act may be construed to preempt, limit, diminish, or otherwise affect another provision of federal, state, or local law, or to invalidate or limit the remedies, rights, and procedures of a federal, state, or local law that provides greater or equal protection for an employee affected by pregnancy, childbirth, or a related condition.

Time effective

SECTION    7.    This act takes effect thirty days after approval by the Governor.

Ratified the 25th day of June, 2020.

Approved the 25th day of June, 2020.