DOL Issues Fact Sheet About FLSA Breastfeeding Breaks
The Department of Labor recently issued a fact sheet on the break time requirement nursing mothers, which I discussed in a previous post. As a brief review, the Patient Protection and Affordable Care Act included a provision amending the Fair Labor Standards Act to require employers to
"provide 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."
The fact sheet clarifies the effective date, which was March 23, 2010. It also addresses issues such as time and location of breaks, covered employers, and compensation for the nursing mothers.
Of note for many of our readers is the exception for employers with fewer than 50 employees: if compliance with the provision would "impose an undue hardship," companies with fewer than 50 employees are exempt. Exemption status will be determined on a case-by-case basis, with consideration given to the size, financial resources, and structure of the business, among other things.
View the fact sheet by downloading it here.
