Employers must give nursing mothers breaks under the FLSA
A senator in Oregon recently introduced new legislation that, if passed, will affect employee attendance tracking in the state. The bill is called the Supporting Working Moms Act, as reported by central Oregon CNN affiliate KTVZ. It would focus on allowing nursing mothers the time and space needed to give milk to their babies during work.
While this particular provision would be new in Oregon, many employers might not be aware that the Fair Labor Standards Act also covers nursing mothers. Specifically, the Patient Protection and Affordable Care Act (PPACA) requires that employers provide "reasonable break time for an employee to express breast milk for her nursing child" whenever she needs to, for as long as one year after her child is born, according to the DOL Fact Sheet 73.
Businesses should take note that under the PPACA, a bathroom is not a sufficient place for the nursing breaks to happen. However, a different area can be temporarily dedicated to the activity, as long as it is hidden from view and available to the mother whenever necessary.
There are a few stipulations, however. If an employee is classified as exempt from overtime, she is not entitled to this break system. Also, if a company with less than 50 employees would incur an undue hardship from the breaks, it is not required to allow them.
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