My Policy Hub

Improving health is our policy

ACA Now

4207 - Reasonable Break Time for Nursing Mothers

 
Implementation Status 
Statutory Text 

Summary

Requires certain employers to provide a sufficient break time for employee mothers to express breast milk for her nursing child for up to one year after the child’s birth, and ensure that such employee is provided a private place (not including a bathroom) to do so.  Does not require employers to compensate an employee receiving reasonable break time in accordance with this provision, and waives the requirement for employers with less than 50 employees for whom the requirement would impose an undue hardship.

#Employer Mandate, #Pediatrics, #Women’s Health

Implementation Status

 
Summary 
Statutory Text 

In December 2010, the DOL issued a request for information regarding the implementation of this provision.  In January 2011, the Surgeon General released a Call to Action in support of breastfeeding, posting additional resources for mothers and employers.  More information about the Administration’s initiatives in this regard is available on the Surgeon General’s webpage dedicated to these efforts.

HHS’ Office on Women’s Health (OWH) released an online resource to provide businesses with cost-effective tips and solutions for any industry setting to support breastfeeding women. Titled “Supporting Nursing Moms at Work: Employer Solutions,” the guide is intended to help both women and employers.

Statutory Text

 
Implementation Status 
Summary 

SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS.

Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ‘‘(r)(1) An employer shall provide— ‘‘(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and ‘‘(B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. ‘‘(2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose. ‘‘(3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business. ‘‘(4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection.’’.

Contact Us

Impact Health Policy Partners 1301 K Street, NW, Suite 300W
Washington, D.C. 20005

(202) 309-0796
Contact Us

Follow Us On