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Did Not Advance

Wisconsin SB 1131 requires employers to provide lactation breaks and accommodations for nursing employees

Original title: An Act to amend 111.322 (2m) (a) and 111.322 (2m) (b); to create 103.09, 106.54 (11) and 111.91 (2) (gp) of the statutes; Relating to: requiring an employer to provide reasonable break time and accommodations for an employee who is breastfeeding the employee’s child to express breast milk for the child. (FE)

Last action · March 23, 2026: Failed to pass pursuant to Senate Joint Resolution 1Sponsors: Dianne Hesselbein and 26 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

This bill requires all employers in Wisconsin with at least one employee to provide nursing mothers with reasonable break time and a private, non-bathroom space to express breast milk for children under one year old. The measure also mandates access to an electrical outlet, running water, and a refrigerator, while protecting employees from discrimination or retaliation for exercising these rights.

Why it matters

Changes workplace compliance obligations for employers across the state, ensuring that nursing employees retain health care coverage eligibility during unpaid lactation breaks and establishing administrative penalties and legal remedies for workplace interference.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Employees who are breastfeeding a child under one year of age

Employees receive guaranteed break times, private non-bathroom spaces, and specific facility access to express breast milk, along with protections against workplace discrimination.

Directly affected

Employers employing at least one individual

Employers must provide reasonable break times, designated private spaces, electrical outlets, running water, and a refrigerator, while maintaining health care eligibility calculations for unpaid breaks.

Key Facts

  • Applies to any employer engaging in any activity, enterprise, or business employing at least one individual, including the state and local governments.
  • Mandates a reasonable break time each time an employee needs to express breast milk for a child under one year of age.
  • Requires a private space other than a bathroom that is shielded from view and free from intrusion by coworkers and the public.
  • Requires access to an electrical outlet, running water, and a refrigerator for milk storage.
Show all 9 facts
  • Allows employers to provide unpaid break time unless the employee is not completely relieved from duty during the break.
  • Requires employers to treat unpaid lactation break time as paid work time when determining an employee's eligibility for health care coverage contributions.
  • Exempts employers with fewer than 50 permanent employees if compliance would pose an undue hardship causing significant difficulty or expense.
  • Prohibits interfering with lactation rights or discharging and discriminating against employees who take breaks or enforce their rights.
  • Permits aggrieved employees to file complaints with the department to be processed in the same manner as employment discrimination complaints.

Frequently Asked Questions

Which employers must comply with these lactation accommodation rules?
Any employer engaging in business or activity in Wisconsin employing at least one individual, including state and local government entities, is subject to the requirement.
Are employers required to pay employees during lactation breaks?
Employers are not required to compensate employees for time spent expressing milk unless the employee is not completely relieved from duty during the break.
What happens to small businesses that cannot afford to install accommodations?
Employers with fewer than 50 permanent employees are exempt from the requirements if they can demonstrate that compliance would pose an considering their size, financial resources, and business structure.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Failed in the Senate.

Procedural history

3 actions
  1. Mar 23, 2026Senate
    Failed to pass pursuant to Senate Joint Resolution 1
  2. Mar 19, 2026SenateIntroduced
    Read first time and referred to Committee on Government Operations, Labor and Economic Development
  3. Mar 19, 2026SenateIntroduced
    Introduced by Senators Hesselbein, Smith, Dassler-Alfheim, Larson, Ratcliff, Roys and Spreitzer; cosponsored by Representatives Subeck, DeSanto, Bare, Brown, Clancy, Emerson, Hysell, Joers, McCarville, Miresse, Moore Omokunde, Neubauer, Prado, Rivera-Wagner, Sinicki, Snodgrass, Stroud, Stubbs, Vining and Palmeri

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Show 22 more sponsors
SubeckSenatePrimary sponsorNo profile match
DeSantoSenatePrimary sponsorNo profile match
BareSenatePrimary sponsorNo profile match
BrownSenatePrimary sponsorNo profile match
ClancySenatePrimary sponsorNo profile match
EmersonSenatePrimary sponsorNo profile match
HysellSenatePrimary sponsorNo profile match
JoersSenatePrimary sponsorNo profile match
McCarvilleSenatePrimary sponsorNo profile match
MiresseSenatePrimary sponsorNo profile match
NeubauerSenatePrimary sponsorNo profile match
PradoSenatePrimary sponsorNo profile match
Rivera-WagnerSenatePrimary sponsorNo profile match
SinickiSenatePrimary sponsorNo profile match
SnodgrassSenatePrimary sponsorNo profile match
StroudSenatePrimary sponsorNo profile match
StubbsSenatePrimary sponsorNo profile match
ViningSenatePrimary sponsorNo profile match
PalmeriSenatePrimary sponsorNo profile match

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Codification of Federal Standards into State Law

The bill explicitly codifies existing federal Fair Labor Standards Act lactation accommodation mandates into Wisconsin state statutes while adding state-level enforcement mechanisms.

Connected Entities

Consolidated Appropriations Act, Fair Labor Standards Act
otherConsolidated Appropriations Act“Federal legislation amending the FLSA in 2023”Map →
otherFair Labor Standards Act“Federal law referenced regarding existing lactation break standards”Map →

Sources

Open source document

docs.legis.wisconsin.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz35
    Current news / social attention level

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