Employers Required to Provide Breaks for Nursing Mothers

A provision in the recently enacted Patient Protection and Affordable Care Act (more commonly known as the “Health Care Reform Act”) requires employers to provide a “reasonable break time” and a place, other than a bathroom, shielded from view and free from intrusion by co-workers and the public for employees to express breast milk for a nursing child for a period of one year after the child’s birth.  This new requirement took effect March 23, 2010.

An employer is not required to compensate the employee for such breaks.  Employers with fewer than 50 employees are exempt from this requirement provided the employer can demonstrate allowing such breaks would impose an undue hardship.

Employers are urged to review their nursing break policies to ensure compliance with federal and state laws.

If you have any questions about the new law relating to breaks for nursing mothers contact Robert A. Tandy at (201) 474-7103.