DOL issues Fact Sheet on break time for nursing moms
The law known as the Health Care Reform Bill contained a section which provides for reasonable break time and appropriate location for nursing mothers. This provision, unlike many other provisions in the law, took effect as soon as it was signed into law by President Obama on March 23, 2010. Unfortunately, there was very little guidance as to what is "reasonable" break time and what is deemed an appropriate location for nursing mothers.
On July 23, 2010, the Department of Labor's Wage & Hour Division published Fact Sheet #73 which addresses how employers should implement this new break time requirement.
The key aspects of this Fact Sheet are as follows:
- The frequency and duration of the "reasonable break time" required by the law will vary from employee to employee. Employers MUST provide as many breaks that a nursing mother needs.
- The law says that a bathroom is not appropriate as the "place" for an employee to express breast milk, even if the bathroom is private. The location must shield the employee from view and be free from intrusion from coworkers and the public.
- This law ONLY applies to non-exempt employees - which makes the designation of exempt and non-exempt important.
- This law applies to ALL employers. However, employers with less than 50 employees may be excused from compliance if such would impose an undue hardship. An undue hardship is determined by taking the employer's size, financial resources, nature and structure of the business.
- Employees are not required to be a compensated for this break time, however if the employee uses an existing compensated break time to express milk, then the employee must be compensated in the same manner as other employees.
