Nursing mothers entitled to breaks under federal health reform law


Issue:

One of your employees just returned from maternity leave, and has requested breaks every few hours so that she can pump breast milk for her nursing child. Your business is located in Idaho, a state with no law mandating such breaks. Can you deny her request?

Answer:    

While breaks for nursing mothers may not be required under a particular state’s law, they are now required under federal law. The Patient Protection and Affordable Care Act, enacted on March 23, 2010, requires employers subject to the Fair Labor Standards Act to provide unpaid reasonable break time for an employee to express breast milk, each time she has such a need. The employer also must provide a private place, other than a bathroom, where the employee can express breast milk.

Break time for nursing mothers must be provided for a period of one year following the child’s birth. Employers with less than 50 employees may be exempt if these requirements would impose an undue hardship by causing significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the business.

The law does not include a specific effective date for this provision; therefore, it is presumed to have taken effect upon enactment. Also, note that employers remain obligated to provide any greater protections prescribed by state law.

Source: Fair Labor Standards Act Sec. 7(r), as added by the Patient Protection and Affordable Care Act (P.L. 111-148), signed by the president on March 23, 2010.

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