Break Time for Nursing Mothers


by Abbey Moland

Moland, Abigail
amoland@mcgrathnorth.com
(402) 341-3070

Section 4207 of the Patient Protection and Affordable Care Act (also known as “Healthcare Reform”) amended the federal wage and hour law to provide that employers with more than 50 total employees would be required to provide certain amenities for nursing mothers, unless the employer can demonstrate that such arrangements would impose an undue hardship.

The basic requirements include a reasonable break time for an employee to express milk, for one year after the child’s birth, each time the employee has the need to do so. Additionally, the employer is required to provide a location for that activity which is shielded from view of other employees and free from intrusion. The women’s bathroom would not suffice as such a location.  Further, the employer is not required to compensate employees for such breaks.

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