New Colorado Law to Accommodate Nursing Mothers
Signed by Governor

by Ted Olsen 

The Workplace Accommodations for Nursing Mothers Act was signed by Governor Ritter on April 7, 2008.  It will take effect on the 91st day after the close of the current legislative session (assuming adjournment on May 7, 2008, as scheduled, the effective date would be August 6, 2008).

Under this new law, all employers must provide reasonable unpaid break time or permit an employee to use her paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child for up to two years after the child's birth.

An employer must also make reasonable efforts (any effort that would not impose an undue hardship on the employer's operations) to provide a room or other location near the work area, other than a toilet stall, where an employee can express breast milk in privacy.  "Undue hardship" is defined as "significant difficulty or expense when considered in relation to factors such as the size of the business, the financial resources of the business, or the nature and structure of its operation, including consideration of the special circumstances of public safety."

The statute also requires the Colorado Department of Labor and Employment to provide employers with information regarding methods to accommodate nursing mothers in the workplace.

Sherman & Howard has prepared this advisory to provide general information on recent legal development that may be of interest. This advisory does not provide legal advice for any specific situation. This does not create an attorney-client relationship between any reader and the Firm. If you want legal advice on a specific situation, you must speak with one of our lawyers and reach an express agreement for legal representation.

© 2008 Sherman & Howard L.L.C.                                                            May 6, 2008