Labor Laws for Nursing Mothers

Around the United States, the decision to breastfeed is on the rise among a diverse amount of mothers. Nursing mothers that decide to return to the workplace require adequate support and resources to enable the continuance of breastfeeding. Labor laws for nursing mothers are in place at national and state levels.

National

In 2010, Section 7 of the Fair Labor Standards Act was amended with a law regarding break time for nursing mothers. The law was put into practice in the Patient Protection and Affordable Care Act. The law requires employers to enable nursing employees to take suitable break times throughout the day to express breast milk for their infants that are under 1 year of age. The amount of break times will vary on an individual basis depending on the needs of the mother and child. Employers must also provide a clean and private area, other than a restroom, for nursing employees to express breast milk. The area must be functional for nursing mothers and available when needed. Only nursing employees that are not exempt from overtime pay standards established by the Fair Labor Standards Act are allowed the allocated break times. Employers do not have to provide compensation unless the break times are taken during other compensated breaks, such as lunch hours. Employers that have less than 50 employees are not required to provide break times.

Colorado

In 2008, Colorado passed a Workplace Accommodations for Nursing Mothers Law. The law states that Colorado employers of public and private organizations with at least one employee must provide reasonable break times to nursing mothers for up to two years following the birth of a child. The break time can be unpaid or paid using other paid break time, such as meals. The law also states the employer must make rational attempts to accommodate nursing mothers by providing a nearby space other than a stall of toilet for employees to privately express breast milk. The attempts are considered reasonable if they do not cause undue hardships to the organization, such as significant expense and disruption of operations. If a disagreement occurs between employers and employees, the law states that a nonbinding mediation meeting will take place before an employee can pursue litigation efforts.

New York

Also in 2008, the state of New York enacted a law regarding the rights of working nursing mothers under its Labor Standards. The law states that all employers must provide nursing employees with reasonable break times to express breast milk for up to three years after the birth of a child. The breaks can be unpaid or employers can enable employers to use paid break times. The law also states employers must reasonably attempt to provide a space close to the work area to enable nursing employees to express their milk. The law prohibits employer discrimination against nursing employees who decide to express breast milk during the workday. The law applies to all New York State employers no matter the size and type.