Health Care Reform Bill Requires Employers To Provide Breaks, Space To Nursing Mothers

Under a provision of the newly enacted health care reform law, employers must now provide "reasonable" unpaid breaks to nursing mothers to express milk for their infants. The frequently overlooked provision snuck into the bill as an amendment to the Fair Labor Standards Act.

In amending Section 207(r)(1) of the Fair Labor Standards Act, the new law allows nursing mothers to take a break every time they need to express breast milk and requires employers to provide a private location, other than a bathroom, where such employees may express milk. The breaks are unpaid, regardless of duration, and employees must be allowed these breaks for up to one year after their child's birth.

Employers of fewer than 50 employees are exempt if the breastfeeding requirements would "impose an undue hardship by causing the employer significant difficulty or expense."

Some states already require breastfeeding breaks at work, and under the FLSA, employers must comply with whichever standard (federal or state) is more favorable to the employee (29 U.S.C. § 218).

Please mark your calendars for April 20, 2010 at 10:00 a.m. CST for our webinar: "Demystifying Health Care Reform: What Employers Need to Know Now." During this one-hour webinar we'll provide a high level, preliminary discussion of the employer obligations under the new law. The fee for this webinar will be $50 per connection site and we'll provide a registration e-blast shortly. In the mean time, if you would like to register, please go to our website at www.lehrmiddlebrooks.com or contact Edi Heavner at eheavner@lehrmiddlebrooks.com or by telephone at (205) 323-9263.

If you have questions about this Advisory, please contact your LMV attorney at (205) 326-3002.