Archive for the ‘Breast Feeding’ Category

As part of the new health care laws that were enacted by President Obama signed on March 23, 2010 was the Patient Protection and Affordable Care Act. Under this act, employers are now required to provide break time and a private place, other than a bathroom, for new mothers to express breast milk, for one year after the birth of their new child. Section 4207, which amends the Fair Labor Standards Act, provides that an employer must allow reasonable break time for a new mother to express milk as many times as necessary for up to one year after the birth of a child. The employer must also provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public for an employee to use when expressing breast milk. However, an employer is not required to pay the employee for break time used to express breast milk. In addition, any employers with less than fifty employees may not have to comply with this new regulation if they can show these 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
of the employer’s business.

Finally, since some state laws already provide protection to breast feeding mothers, the regulations also provide that they will not affect state laws that provide greater protections and relief to employees.

If you are having problems with this issue with your employer, you may want to contact your Human Resources Department and advise them of this regulation. If your employer still refuses to comply you can either contact the Department of Labor, the federal agency that generally enforces the Fair Labor Standards Act, or a private attorney.