A recently enacted Federal Law requires employers to provide a place and time for a woman to breastfeed.  Among many provisions in the Patient Protection and Affordable Care Act, Section 4207 of the law amends the Fair Labor Standards Act (FLSA) of 1938 (29 U.S. Code 207) to require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express milk.

The employer is not required to compensate an employee receiving reasonable break time for any work time spent for such purpose. The employer must also provide a place, other than a bathroom, for the employee to express breast milk. If these requirements impose undue hardship, an employer that employs fewer than 50 employees is not subject to these requirements. The federal requirements shall not preempt a state law that provides greater protections to employees.

If your rights are being violated at work with regard to breastfeeding/ expressing breast milk let your employer know about this recent change of law.

Kurt A. Scharfenberger