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Employers Required to Provide Break Time to Nursing Mothers

The health care reform act signed by the President on March 23 includes an addition to the Fair Labor Standards Act that requires employers to provide a "reasonable" break time for an employee to express breast milk for her nursing child for one year after the child's birth. It also requires employers to provide a place for this purpose that is shielded from view and free from intrusion from coworkers and the public, and that such a place be other than a bathroom.

This break time is not required to be paid (unless state law would require it), even though the FLSA generally requires any breaks of less than 20 minutes to be paid. Employers with fewer than 50 employees are exempt only if the requirements would "impose an undue hardship by causing the employer significant difficulty or expense."

It appears that the requirements became effective upon the law's enactment on March 23. Contact Cherie Wolff of our employment law section if you have questions about this law.