Establish Breastfeeding Breaks for Nursing Mothers

Key Points

  • An employer must 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 the employee has the need to do so.
  • An employer also must provide a place to express breast milk, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public.
  • An employer with fewer than 50 employees is exempt if providing breastfeeding breaks would impose an "undue hardship." However, the US Department of Labor has said employers will be able to invoke this exemption only in "limited circumstances."
  • Many states have breastfeeding break requirements that extend beyond federal requirements.

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