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Federal Lactation Accommodations

From the Complete Payroll Labor Law Library.

 

Overview of Law

Under the Fair Labor Standards Act employers are required to provide reasonable break time for employees to express breast milk for their nursing child, as frequently as needed, for up to one year after the child’s birth. The number and length of breaks needed by employees will vary, but employers should expect that nursing mothers may need between two and four breaks of between 10 and 45 minutes per 8-hour workday. 

Employers are also required to provide a place that is shielded from view and free from intrusion from coworkers and the public. A bathroom, even if private, is not a permissible location under the Act. The location provided must be functional as a space for expressing breast milk. If the space is not dedicated to the nursing mother’s use, it must be available when needed in order to meet the statutory requirement. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient.

The FLSA requirement of break time for nursing mothers to express breast milk does not preempt State laws that provide greater protections. State-specific regulations can be found by searching "Your State breastfeeding" in the universal search bar.

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Read the basic requirements of the FLSA here.

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General Disclaimer

The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue. 

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