The Affordable Care Act (ACA) health care reform law amended the Fair Labor Standards Act () to require employers to provide a place for nursing mothers to express breast milk. The law includes specific requirements the space must meet to comply.
The law also requires employers to allow lactation breaks for nursing employees. Unlike many other breaks allowed under the FLSA, employers must be flexible, recognizing that each nursing mother’s needs will be different.
WHAT’S NEW: Recently, the U.S. Department of Labor’s Wage and Hour Division released “Fact Sheet #73: Break Time for Nursing Mothers under the FLSA.” Although, em-ployees have been entitled to lactation breaks since the law was signed in early 2010, the DOL has just released its employer guidance.
The document highlights three key issues:
- Employers must provide a lactation space other than a bathroom.
- They must allow lactation breaks for