Breaks Now Required for Nursing Mothers Under Fair Labor Standards Act

Under the new law, employers must provide reasonable unpaid breaks for lactating employees to express breast milk.  Employers must furnish a private location, other than a bathroom, for the breaks.  The employer must provide lactation breaks for up to one year after the child's birth.  The new law does not specify how many breaks must be provided each day or the length of the lactating breaks.

The Patient Protection and Affordable Care Act includes the new amendment to the Fair Labor Standards Act regarding breaks for nursing mothers.  Employers with less than 50 employees may be exempt from providing breaks if the breaks would cause an "undue hardship" by causing the employer significant difficulty or expense.  Employers with 50 or more employees are required to follow the statute's requirements.