Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Tuesday, March 30, 2010

Obama Health Bill Mandates Unpaid Employee Lactation Breaks For One Year

Professor Marcia McMormick over at Workplace Prof Blog wrote an important article on March 30, 2010 which explains that the Obama Health Bill (Act) requires most employers to give female employees unpaid breaks to lactate for one year after the child's birth. This portion of the Bill is actually an amendment to the FLSA and provides in Section 4207:

SEC. 4207. REASONABLE BREAK TIME FOR NURSING MOTHERS.
      Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
      `(r)(1) An employer shall provide--
            `(A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk; and
            `(B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
      `(2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.
      `(3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business.
      `(4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided for under this subsection.'.

Mitchell H. Rubinstein


http://lawprofessors.typepad.com/adjunctprofs/2010/03/employee-lactation-breaks-are-now-mandatory.html

Employee Benefits Law, Employment Law | Permalink

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