Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 219
AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-1-2-1; (08)SE0219.1.1. -->
SECTION 1. IC 4-1-2-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 1. It is the intent of this chapter that
state offices be open and able to conduct public business at all times
during an eight and one-half (8 1/2) hour working day. Each employee
shall work for a full seven and one-half (7 1/2) hours each working day
and provision for a one (1) hour lunch period shall be provided each
employee. Lunch hours of employees shall be staggered to permit the
conduct of business at all times during a working day. Breaks shall be
provided as set forth in IC 5-10-6-2. It shall be lawful for state offices
to close their doors for business from the close of the working day each
Friday or in the event Friday is a legal holiday, then from the close of
the working day on the Thursday which immediately precedes such
legal holiday, until the commencement of the working day on the next
following Monday, or in the event Monday is a legal holiday, then until
the commencement of the working day on the Tuesday which
immediately follows such legal holiday; provided, however, that the
state library may be kept open until noon Saturdays in the discretion of
the Indiana library and historical board.
SOURCE: IC 5-10-6-2; (08)SE0219.1.2. -->
SECTION 2. IC 5-10-6-2 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 2. (a) The state and political subdivisions of the state
shall provide reasonable paid break time each day to an employee
who needs to express breast milk for the employee's infant child.
The break time must, if possible, run concurrently with any break
time already provided to the employee. The state and political
subdivisions are not required to provide break time under this
section if providing break time would unduly disrupt the
operations of the state or political subdivisions.
(b) The state and political subdivisions of the state 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 described in subsection (a) can express the employee's
breast milk in privacy. The state and political subdivisions shall
make reasonable efforts to provide a refrigerator or other cold
storage space for keeping milk that has been expressed. The state
or a political subdivision is not liable if the state or political
subdivision makes a reasonable effort to comply with this
SOURCE: IC 20-33-3-30; (08)SE0219.1.3. -->
SECTION 3. IC 20-33-3-30, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 30. (a) This section applies to occupations for
which a child less than eighteen (18) years of age may be employed or
allowed to work under this chapter but does not apply to children
(1) section 6 of this chapter; or
(2) section 29(2) or 29(3) of this chapter.
(b) A person, firm, limited liability company, or corporation that
employs a child less than eighteen (18) years of age shall provide the
child one (1) or two (2) rest breaks totaling at least thirty (30) minutes
if the child is scheduled to work at least six (6) consecutive hours.
Breaks shall be provided as set forth in IC 5-10-6-2.
SOURCE: IC 22-2-14; (08)SE0219.1.4. -->
SECTION 4. IC 22-2-14 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 14. Employee Breaks
Sec. 1. As used in this chapter, "employer" means a person or
entity that employs twenty-five (25) or more employees.
Sec. 2. (a) To the extent reasonably possible, an employer shall
provide a private location, other than a toilet stall, where an
employee can express the employee's breast milk in privacy during
any period away from the employee's assigned duties.
(b) To the extent reasonably possible, an employer shall:
(1) provide a refrigerator or other cold storage space for
keeping milk that has been expressed; or
(2) allow the employee to provide the employee's own portable
cold storage device for keeping milk that has been expressed
until the end of the employee's work day.
(c) Except in cases of willful misconduct, gross negligence, or
bad faith, an employer is not liable for any harm caused by or
arising from either of the following that occur on the employer's
(1) The expressing of an employee's breast milk.
(2) The storage of expressed milk.
SOURCE: IC 34-30-2-11.2; (08)SE0219.1.5. -->
SECTION 5. IC 34-30-2-11.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 11.2. IC 5-10-6-2 (Concerning
employee breaks for nursing mothers).
SOURCE: IC 34-30-2-87.2; (08)SE0219.1.6. -->
SECTION 6. IC 34-30-2-87.2 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 87.2. IC 22-2-14-2(c) (Concerning
the expressing and storage of an employee's breast milk on an
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