Did you know? Breastfeeding laws for employers
The WRA and WLA are your resource. We recently updated our HERO manual (log-in for access) to include the current provisions of the Fair Labor Standards Act regarding breastfeeding employees.
What you need to know: The Affordable Care Act amended section 7 of the Fair Labor Standards Act (“FLSA”), creating a nursing mothers break time provision for employees.
This law requires employers to provide reasonable break time for an employee to express breast milk/nurse for up-to one year after the child’s birth each time an employee has need to do so. Break times can be unpaid.
Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion, which may be used by an employee for this purpose.
There is a caveat for small businesses. Employers with fewer than 50 employees are not subject to this law – however – these small employers must prove it would impose an undue hardship. It is our recommendation that all employers seek to provide breastfeeding employees with a place and time that meets the requirements of the ACA to the best of their ability.
For the purposes of this law, as in the ACA, a franchise of a larger business must comply with this law even if they have fewer than 50 employees at their location.
There is more on how to handle customers, and employees, regarding the rules of breastfeeding in public our online HERO manual. If you are a member you can log-in for access.