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Must breastfeeding breaks be ‘paid’ time?

by on
in Human Resources,Maternity Leave Laws

Q. We have an employee who will be returning from maternity leave next month. I read that the new law requires us to provide time for her to pump milk. Do we have to pay her for those breaks? — E.H., Arizona

A. The new health reform law says employers must now offer “reasonable” break times and a private location to let nursing mothers express milk. The law says such breaks do not have to be paid. However, some states have laws that require employee rest breaks be considered paid time—and those requirements would also apply to such breastfeeding breaks, unless the laws say otherwise.

To read a recent case on this issue and find a link to the 24 states that have laws on this topic, go to www.theHRSpecialist.com/milk.

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