What You Need to Know About Break Time for Nursing Mothers Under Federal Law
Federal law requires employers to provide nursing mothers with reasonable break times and locations for lactation. Here’s everything you need to know about break time for nursing mothers under federal law.
The United States court has federal laws protecting nursing mothers in the workplace. Employers must provide nursing mothers with reasonable break time for one year after their baby’s birth. Additionally, employers must provide nursing mothers with a private location to nurse their children.
Laws Regarding Break Time for Nursing Mothers
In the United States, federal laws require employers to provide nursing mothers with reasonable break time to feed their child breast milk for one year after the child’s birth. Employers must also provide a place, other than a bathroom, where employees can give their child breast milk privately from coworkers and the public.
Laws specific to break time for a nursing mother include:
Section 7 of the Fair Labor Standards Act
Section 7 of the Fair Labor Standards Act provides a break time per the nursing mother’s provision. The provision states an employer must provide reasonable break time for one year after birth and a private location for mothers to feed their children breast milk.
However, the provision also protects employers. The law does not require an employer to compensate an employee for any reasonable break time. The reasonable break time law does not apply to an employer with less than fifty employees, especially if allowing reasonable break time for nursing mothers causes the employer significant expense.
Related: Parental Leave Laws in California
Fairness for Breastfeeding Mothers Act
The Fairness for Breastfeeding Mothers Act requires new construction to create a lactation room in public buildings. This act provides nursing mothers with a place to give their children milk and may help employers follow section 7 of the Fair Labor Standards Act (FLSA.)
State Breastfeeding Laws
While section 7 of the Fair Labor Standards Act applies to all of the United States, some laws may only apply to some states. Thirty-one states, the District of Columbia, Puerto Rico, and the Virgin Islands exempt breastfeeding from public indecency laws. Additionally, thirty states, the District of Columbia, and Puerto Rico have unique laws for nursing mothers. Twenty-two states and Puerto Rico may exempt nursing mothers from jury duty or allow nursing mothers to postpone jury duty.
Related: Paid Maternity Leave for Federal Employees
Prohibitions on Discriminating or Retaliating Against Nursing Mothers
The only federal law for nursing mothers in the workplace is section 7 of the Fair Labor Standards Act. Under the FLSA, an employer cannot retaliate against employees who assert their rights. Additionally, an employer cannot retaliate against an employee who files a complaint under the FLSA or participates in an investigation.
While the FLSA does not explicitly cover the discrimination against nursing mothers, many state laws protect nursing mothers.
FAQs About Break Time for Nursing Mothers Under Federal Law
What can I do if my employer denies my FLSA rights?
If an employer denies a mother her FLSA rights, an employee may file a complaint. Additionally, the mother may file a suit against the employer in civil court and receive compensation.
Will my job’s insurance provide any services for nursing mothers?
The ACA requires new health insurance plans to provide coverage for women’s preventative health services with no cost-sharing. Preventative services may include breastfeeding support, supplies, and lactation counseling.
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