Break Time For Nursing Mothers, Required by ACA & FLSA

The Patient Protection and Affordable Care Act (“ACA”) has amended the Fair Labor Standards Act (“FLSA”) to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child.  This amendment also requires that employers provide a place for an employee to express breast milk. 

Impact on Employer: 

Many employers are  unknowingly out of compliance with the ACA and FLSA.  It should be noted that  this provision, Section 7(r) of the FLSA, does not have a minimum employee requirement.  Some relief is available to employers with less than 50 employees, but that relief is subject to certain requirements. 

Employer Requirements:

Pursuant to Sections 7(r)(1)(A) & (B) employers are now required to provide a reasonable break time for an employee to express breast milk for one (1) year after the child’s birth each time such employee has need to express milk.  Employers must also 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.  An employer is not required to compensate an employee receiving reasonable break time under this Section for any work time spent for such purpose.  

TAX ADVICE NOTICE:  we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

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