The Department of Labor ("DOL") issued a fact sheet in
July 2010 to aid employers in complying with the recent federal law
that requires employers to (1) provide reasonable break times to
express breast milk, and (2) provide a private location to express
breast milk. This federal law took effect on March 23, 2010 and was
part of the recent health care legislation. Employers with fewer
than 50 employees are not subject to this break time requirement if
compliance would impose an undue hardship. If state law provides
greater protection for nursing mothers, then employers must comply
with the state law.
Reasonable Break Times
In DOL Fact Sheet #73, the DOL clarified what is considered a
"reasonable break time." The DOL stated that:
- Employers are required to provide as many breaks as the nursing mother needs to express milk.
- The DOL noted that the frequency and duration of the breaks would likely vary.
- Employers are not required to compensate nursing mothers for breaks to express milk. The exception is where the employer already provides compensated breaks and the employee uses that break time to express milk; then the employer must compensate the nursing mother in the same way that others are compensated for their break time.
Location to Express Milk
The DOL emphasized that a bathroom is not an acceptable location to
express milk. The DOL provided guidance as to what is an acceptable
break location:
- The break location must be functional as a space for expressing milk.
- If the space is not dedicated to the nursing mother's use, it must be available when needed.
- The space must be free from any intrusion from co-workers or the public.
A copy of the DOL's Fact Sheet regarding break time for nursing
mothers can be found at: http://www.dol.gov/whd/regs/compliance/whdfs73.htm
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
