Fair Labor Standards Act (FLSA)
Nursing Mother Amendment
The Fair Labor Standards Act was recently amended via passage of the Patient Protection and Affordable Care Act of 2010. The amendment is titled the Nursing Mother Amendment.
The Equal Opportunity Office will administer this section of the FLSA. Supervisors and employees should contact Equal Opportunity for assistance with compliance.
The primary obligations of this amendment require that:
- An employer must provide a "reasonable break time" for an employee to express breast milk for her nursing child for the first year of the child's life; and
- The term "reasonable" has not been defined;
- Breaks must be given "each time such employee has need to express milk"; and
- Break times may include not only time in which to express milk but also time to sanitize and store the equipment at each break.
- The employer must provide a private location other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.