Establish Breastfeeding Breaks for Nursing Mothers

Key Points

  • Employers 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.
  • Employers also must provide a place to express breast milk, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
  • Employers with fewer than 50 employees are exempt if providing breastfeeding breaks would impose an "undue hardship." However, the U.S. 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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