Break Time for Nursing Mothers
Effective immediately after the passage of the Patient Protection and Affordable Care Act (PPACA) in March 2010, employers covered by the Fair Labor Standards Act are required to provide reasonable break time and a private space (other than a restroom) for a nursing mother to express breast milk for up to one year following the birth of a child.
If a mother needs to express breast milk, employers covered by the Fair Labor Standards Act (FLSA) must 1) provide a private space other than a restroom if they have greater than 50 employees, and 2) allow for reasonable break time for them to do so.
Unfortunately, the law does not define the term “reasonable break time” nor does it put a limit on the number of breaks a nursing mother is permitted or the time limit of such breaks. However, the law does note that a space that is temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient, provided that the space is shielded from view and free from any intrusion from co-workers and the public.
Employers are not required to compensate employees during such break times. However, in the instances where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same manner that other employees are compensated for their break time.
Employers with fewer than 50 employees may qualify for exceptions if they can demonstrate that the requirement would impose an undue hardship on the employer. The term “undue hardship” is defined as “causing the employer significant difficulty or expense” when considered in relation to relevant factors.
However, regulations regarding specific ways to receive an exemption from this provision have not been released.
Employers are encouraged to consult with counsel when formulating policies around this new procedure for nursing mothers.