Since 2010, the federal “Break Time for Nursing Mothers” law makes breastfeeding while working easier for moms across the United States. The law requires employers to provide break time and a private place for hourly paid employees to pump breast milk during the work day. The following provision was added under the Afffordable Care Act for nursing mothers at work:
AFFORDABLE CARE ACT (Lactation Room Mandate):
Workplace Lactation Accommodation Laws
SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
(r)An employer shall provide—
(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and
(B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.
An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements 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.