Overview: The federal Fair Labor Standards Act (FLSA) requires an employer to provide female employees with reasonable break time to express breast milk to nurse a child for one year after the child's birth and as often as the employee needs to do so.
The FLSA does not require employers to pay nursing mothers for the time they spend in breastfeeding breaks. However, if an employer permits short rest breaks of 20 minutes or less, such as smoking breaks or water-cooler breaks, employees must be paid for that time. If an employer already provides such paid rest breaks, an employee who uses that break time to express milk must be paid just the same as other employees, according to regulations from the US Department of Labor (DOL).
Employers also should check to see if the state in which they are operating requires them to provide paid breastfeeding breaks or imposes any other additional requirements involving breastfeeding breaks.
Trends: Many employers adopt breastfeeding policies that specify when, where and how employees may breastfeed and/or express breast milk.
Author: Michael Cardman, Legal Editor
As mandated by the New York City Commission on Human Rights, covered employers must adopt the New York City Model Lactation Accommodation Policy, or meet or exceed its requirements.
As recommended by the New York City Commission on Human Rights, covered employers should use the New York City Model Lactation Accommodation Request Form.
Updated to reflect a US Department of Labor (DOL) opinion letter concerning civic or charitable work.
Updated to reflect information on a California Court of Appeal ruling concerning show-up time / reporting time.
Maryland employers that have two or more full-time equivalent employees working in the City of Baltimore seeking to educate their employees about the availability of unpaid lactation break time and accommodation and to demonstrate compliance with the Baltimore Lactation Accommodation Ordinance should consider including this model policy statement in their handbook .
New York employers that have four or more employees and have employees working in New York City that seek to educate their employees about the availability of unpaid lactation break time and a proper lactation room and to demonstrate compliance with New York State and New York City law should consider including this model policy statement in their handbook .
Updated to reflect forthcoming breastfeeding break requirements in Baltimore, Maryland.
Updated guidance to reflect amendments relating to the lactation accommodation law, effective January 1, 2019.
HR guidance on complying with federal and state employer requirements involving break periods for breastfeeding and lactation, whether paid or unpaid.