HOUSE BILL No. 1762
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-2-13.
Synopsis: Breaks for pregnant employees. Requires an employer to
provide a break of at least one hour for pregnant employees scheduled
to work at least eight consecutive hours. Establishes civil penalties for
violation of the requirement.
Effective: Upon passage; July 1, 2005.
January 19, 2005, read first time and referred to Committee on Employment and Labor.
First Regular Session 114th General Assembly (2005)
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HOUSE BILL No. 1762
A BILL FOR AN ACT to amend the Indiana Code concerning labor
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-2-13; (05)IN1762.1.1. -->
SECTION 1. IC 22-2-13 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 13. Breaks for Pregnant Employees
Sec. 1. This chapter applies to an employer that, during any
work week, employs at least one (1) employee in Indiana.
Sec. 2. As used in this chapter, "department" refers to the
Indiana department of labor.
Sec. 3. As used in this chapter, "employee" means an individual
(1) is employed for consideration for at least twenty (20)
hours each week; or
(2) renders any other standard of service generally accepted
by custom or specified by contract as full-time employment.
The term does not include an independent contractor.
Sec. 4. As used in this chapter, "employer" means:
(1) an individual;
(2) a partnership;
(3) an association;
(4) a limited liability company;
(5) a corporation;
(6) a business trust;
(7) the state;
(8) a municipal corporation (as defined in IC 36-1-2-10); or
(9) a nonprofit organization.
The term does not include the federal government or an agency or
instrumentality of the federal government.
Sec. 5. (a) An employer shall provide a break of at least one (1)
hour for an employee who is:
(1) scheduled to work at least eight (8) consecutive hours; and
(2) verified as pregnant under section 6 of this chapter.
(b) The break required by subsection (a) must begin not later
than the beginning of the employee's sixth consecutive hour of
Sec. 6. Before providing an employee a break under section 5 of
this chapter, an employer may require the employee to submit
written verification that:
(1) confirms the existence of the pregnancy;
(2) indicates the expected date of delivery; and
(3) is provided by a licensed physician or other health care
provider who has the primary responsibility for the treatment
and care of the employee.
Sec. 7. A notice in a form approved by the department setting
forth the rights of employees under this chapter must be:
(1) conspicuously and continuously posted by the employer in
an area in which employees are routinely employed; or
(2) disseminated to the employees in a manner reasonably
intended to give notice.
Sec. 8. The department may adopt rules under IC 4-22-2 to
implement this chapter.
Sec. 9. (a) The department shall enforce this chapter.
(b) The department and its inspectors and agents may visit and
inspect, at reasonable hours and as often as practicable and
necessary, employers that are subject to this chapter.
(c) A person may not:
(1) interfere with, obstruct, or hinder a department inspector
or agent; or
(2) refuse to properly answer questions asked by a
department inspector or agent;
who is performing duties under this chapter.
Sec. 10. (a) An employer shall be issued a warning letter for any
violations identified during an initial inspection under this chapter.
(b) For violations of this chapter that are identified during an
inspection subsequent to the initial inspection, an employer may be
assessed the following civil penalties by the department:
(1) Except as provided in subdivisions (2) and (3), one
hundred dollars ($100) per violation.
(2) For an employer's third violation and each additional
violation, two hundred dollars ($200) per violation.
(3) If at least four (4) violations by the employer occur in a
two (2) year period that begins with the employer's first
violation, four hundred dollars ($400) per violation for the
fourth violation and each additional violation.
(c) A civil penalty assessed under subsection (b):
(1) is subject to IC 4-21.5-3-6; and
(2) becomes effective without a proceeding under IC 4-21.5-3
unless the employer requests an administrative review not
later than thirty (30) days after the employer receives the
notice of assessment.
(d) A civil penalty may be assessed under subsection (b) for a
continuing violation first identified during an initial inspection if
the violation continues one (1) year after the date a warning letter
is issued by the department under subsection (a).
(e) For purposes of determining recurring violations of this
chapter, each location of an employer must be considered separate
and distinct from another location of the same employer.
Sec. 11. (a) An employer may not:
(1) shorten an employee's scheduled work period to avoid
providing a break otherwise required under this chapter; or
(2) discharge or otherwise discriminate against an employee
(A) files a complaint;
(B) causes another person to file a complaint;
(C) assists or intends to assist in an investigation or a
(D) testifies or intends to testify in an investigation or a
concerning the rights and duties under this chapter.
(b) A person who is aggrieved by an alleged violation of
subsection (a) may file a written complaint with the department
not later than thirty (30) days after the person discovers or should
have discovered the alleged violation.
(c) If a complaint is filed under subsection (b), the department
shall investigate the complaint and attempt to informally resolve
(d) If the complaint is not informally resolved forty-five (45)
days after the department receives the complaint, the department
shall initiate a proceeding under IC 4-21.5-3-6 and adjudicate the
complaint under IC 4-21.5-3.
(e) The department shall join:
(1) the complainant; and
(2) the employer who is alleged to have committed a violation
under subsection (a);
as parties to the proceeding.
(f) Unless the parties to the proceeding agree to a later date or
the interests of justice require a later date, the presiding officer of
the proceeding shall schedule a hearing on the complaint to be held
not later than ninety (90) days after the department receives the
(g) The department may issue any reasonable order to remedy
a violation under this section, including any of the following:
(1) An order that the employee be reinstated in the position or
an equivalent position that the employee held before the
(2) A requirement that the employer reimburse the
complainant for compensation and benefits lost as a result of
(3) A requirement that the employer pay the complainant
reasonable attorney's fees incurred in bringing the complaint
and participate as a party in the informal and formal
proceedings under this section.
(4) A requirement that the employer pay a civil penalty to the
complainant in an amount not to exceed one thousand dollars
Sec. 12. This chapter does not prohibit an employee from taking
a break granted under any of the following:
(1) Another law.
(2) A bona fide agreement between the employee and the
employer or a representative of the employee and the
(3) A policy of the employer.
Sec. 13. This chapter does not prohibit an employer from
providing other breaks in addition to the requirements of this
SOURCE: ; (05)IN1762.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2005] IC 22-2-13, as added
by this act, does not excuse noncompliance with a provision of a
collective bargaining agreement or other employment benefit
program or plan in effect on July 1, 2005, that is not in substantial
conflict with IC 22-2-13, as added by this act. IC 22-2-13, as added
by this act, does not justify an employer reducing employment
benefits provided by the employer that exceed the benefits required
by IC 22-2-13, as added by this act.
SOURCE: ; (05)IN1762.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding IC 22-2-13-8, as added by this act, the
commissioner of labor shall carry out the duties imposed upon the
Indiana department of labor under IC 22-2-13, as added by this
act, under interim written guidelines approved by the
commissioner of labor.
(b) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 22-2-13-8, as added
by this act.
(2) July 1, 2006.
SOURCE: ; (05)IN1762.1.4. -->
SECTION 4. An emergency is declared for this act.