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Heads up: Employers must now provide breastfeeding breaks

Christian Schappel
by Christian Schappel
April 2, 2010
1 minute read
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Here’s something we bet you didn’t know about the recently passed healthcare reform legislation:
Employers covered by the Fair Labor Standards Act (FLSA) are required to provide breaks to breastfeeding mothers to express milk to their infants who are up to one year old.
The mandate was part of an amendment to the FLSA in the healthcare reform bill signed by President Obama on March 23.
It requires employers to furnish a private space to breastfeeding mothers (other than a bathroom).
However, this provision does not apply to employers with fewer than 50 workers if it would “impose an undue hardship by causing the employer significant difficulty or expense.”
And, contrary to the general FLSA requirement that employees be paid for breaks of less than 20 minutes, the new amendment to the FLSA says the breaks for mothers can be unpaid.
However, it’s critical that you check your state laws — they may be stricter and require that time to be compensable.

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