Section 4207 of the Patient Protection and Affordable Care Act (PPACA) amended the Fair Labor Standards Act (FLSA) to require employers to provide a “reasonable break time” for an employee to express breast milk for a nursing child.

New DOL Fact Sheet

Click here for a new fact sheet issued by the Department of Labor to help employers comply with this new requirement. Here are the highlights:

• The requirement lasts for one year after birth.
• The amendment is silent on the number and duration of breaks that must be allowed.
• Employers are required to provide a nursing break area “other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.”
• Organizations with fewer than 50 employees are exempt if compliance would impose an “undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.”

Compensable?

The breaks typically won’t be compensable. However, the fact sheet notes two exceptions:

• An employer allowing paid breaks must compensate a nursing employee in the same way it does others if the mother uses such a break in order to express breast milk.
• The lactation break is compensable if the employee is not “completely relieved from duty” during the break.

Beware State Law

The amendment doesn’t preempt any state law that “provides greater protections.” Several states, including California, Illinois, New York and more than twenty others already have workplace breastfeeding laws in place. For that reason, we strongly suggest that you consult with your own legal counsel before making any significant changes.

This entry was posted on Tuesday, July 27th, 2010 at 5:22 am and is filed under Lactation Breaks, Nursing. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.