Hours Worked: Indiana

Hours Worked requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Susan W. Kline and Tareen Zafrullah, Faegre Baker Daniels LLP

Summary

  • Employers must provide rest breaks to minors and lactation breaks to nursing mothers. See Break Periods.

Break Periods

Rest Breaks

An employee under age 18 must receive one or two rest breaks totaling at least 30 minutes if the employee if scheduled to work at least six consecutive hours. The following employees are exempt:

  • Farm laborers;
  • Domestic service employees;
  • Golf caddies;
  • Newspaper carriers;
  • Employees who have graduated high school;
  • Employees who have completed a career and technical education program or special education program; and
  • Employees who have withdrawn from school.

+Ind. Code § 20-33-3-30.

Breastfeeding Breaks

Any employer with at least 25 employees must provide breastfeeding breaks. To the extent reasonably possible, an employer must provide a private location, other than a toilet stall, where an employee can express breast milk in privacy during any period away from the employee's assigned duties. Also, to the extent reasonably possible, an employer must either:

  • Provide a refrigerator or other cold storage space for keeping milk that has been expressed; or
  • Allow an employee to provide her own portable cold storage device for keeping milk that has been expressed until the end of her workday.

Employees of the state and its political subdivisions are entitled to paid lactation breaks each day if they need to express breast milk for their infant children. The lactation break time must, if possible, run concurrently with any break time the employee already receives. The state and its political subdivisions are not required to provide lactation breaks if they would unduly disrupt operations. The state and its political subdivisions must make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, where an employee can express breast milk in privacy. The state and its political subdivisions must make reasonable efforts to provide a refrigerator or other cold storage space for keeping expressed milk.

+Ind. Code § 5-10-6-2 ; +Ind. Code § 22-2-14-1 ; +Ind. Code § 22-2-14-2.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.