The Affordable Care Act (ACA) not only requires employers to review health care coverage. It also amends the Fair Labor Standards Act (FLSA) with regard to nursing mothers. Employers are required to provide 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.” Employers are also required to provide “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.” The FLSA requirement of break time for nursing mothers to express breast milk does not preempt State laws that provide greater protections to employees (for example, providing compensated break time, providing break time for exempt employees, or providing break time beyond 1 year after the child’s birth).
PRACTICE TIP: Does your handbook have a policy addressing this? If not, the best practice would be to include one in your Employee Handbook. Alternatively, if asked by a pregnant employee for lactation breaks, know that the employer has federal obligations now.
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