Indiana Governor Mitch Daniels signed a bill into law on February 27, 2008 that will require Indiana employers with 25 or more employees, and Indiana state and local government employers, to provide workplace facilities for women to express breast milk. By enacting this law, Indiana joins several other states, including California, Illinois and Minnesota, that have laws relating to facilities for women needing to express breast milk while at work. Indiana's new law requires:
- a private location (other than a toilet stall) where an employee can express breast milk in privacy; and
- a refrigerator for storing expressed milk. Alternatively, employers may allow employees to bring coolers or other devices to store breast milk until the end of the work day.
Employers are not required to provide these accommodations unless it is reasonably possible for them to do so. The law also exempts employers from liability for harm caused by the expressing or storage of breast milk.
The new Indiana law does not require private employers to provide employees additional or separate work breaks to express breast milk, although some states have adopted that requirement. However, Indiana state and local government employers must give mothers who need to express breast milk reasonable paid break time for that purpose.
The new Indiana law becomes effective July 1, 2008. Accordingly, employers have until then to bring their policies and procedures in compliance with its requirements.