May 16, 2010
Nursing Mothers Now Entitled to Breaks under FLSA
Filed under: News
Vision Payroll

Under the Patient Protection and Affordable Care Act of 2010, employers must provide a nursing mother a reasonable break time to express breast milk for up to one year after her child’s birth. There is no quantified limit on the number of breaks to be allowed or the duration of such breaks. Employers must provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public” for mothers to use. Nothing in this amendment requires this break time to be compensated, although other federal and state laws may require compensation. Employers with fewer than fifty employees are exempt if the “requirements would impose an undue hardship” either through the relative difficulty or expense of complying with the law. As in other sections of the Fair Labor Standards Act (FLSA), state laws may provide rules that are more beneficial to the employee and must be followed. Due to the vagueness of the law and possibility of conflicts with other statutes, Vision Payroll strongly recommends that affected employers consult with a competent labor law attorney to ensure compliance.


Submit a Comment

From New Hire to Payroll
With the Click of Button

Streamline Your Hiring
Process With

Tips / Latest News