Main Number 404-214-0120

Break Time for Nursing Mothers: 3 Facts to Know

Break Time for Nursing Mothers: 3 Facts to Know

Posted by Kathy Harrington-Sullivan | Jun 08, 2015 | 0 Comments

By federal law, employers are required to provide break times for nursing mothers. In fact, this legal requirement has been in place since March 2010 (when the Patient Protection and Affordable Care Act, PPACA, amended Section 7 of the Fair Labor Standards Act, FLSA). And if you aren't familiar with it, keep reading to learn more about some of the most important aspects of this federal law.

Break Time for Nursing Mothers: Here's What You Should KnowMother with child at work

1 – Within the first year following birth, nursing mothers get breaks whenever needed to express milk.

In fact, the law specifically states that employers are required to provide “reasonable break time for an employee to express break mile for her nursing child for 1 year after the child's birth each time such employees has need to express the milk.”

2 – Employers have to provide a private location for expressing milk.

A private place must be “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.”

While the law explains that this space doesn't have to be exclusively dedicated to nursing mothers, it must be made available to them whenever they have the need to express milk.

3 – In some cases, state laws for nursing mothers may trump the FLSA requirements.

Specifically, if state laws provide more protections or benefits for nursing mothers than the federal law provides, these laws will preempt the federal law. Examples of greater protections that could be provided by state laws include (but are by no means limited to):

  • Allowing nursing mothers break times to express milk after the first year following childbirth
  • Compensating nursing mothers for these break times
  • Allowing exempt employees to take break time to express milk.

Atlanta Employment Lawyers at the Law Firm of Barrett & Farahany, LLP, LLP

Have you been the target of pregnancy discrimination? Or has your employer violated any of your rights? If so, you can turn to the experienced Atlanta employment attorneys at the Law Firm of Barrett & Farahany, LLP, LLP for aggressive legal advocacy and the highest quality legal services.

At Barrett & Farahany, LLP, we believe in helping people and protecting their rights, and we're willing to take the hard road, turning over every stone along the way, to obtain every piece of evidence needed to win your case. Our lawyers are innovative, persistent, and motivated, and they are ready to put their experience, skills and insight to work helping you.

About the Author

Kathy Harrington-Sullivan

Kathy Harrington Sullivan is a Partner at Barrett & Farahany and manages the firm's case evaluation team. Because knowledge truly is power, Kathy and the Atlanta employment attorneys on her team regularly consult with and empower potentia...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

We Do Things Differently.

When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.

Menu