Break Time for Nursing Mothers Fact Sheet
The Patient Protection and Affordable Care Act (PPACA) was signed into law by President Obama and amended Section 7 of the Fair Labor Standards Act (FLSA). The Act requires covered employers to provide lactation breaks to certain employees.
· Winthrop University must provide “reasonable break time for nursing mothers” to express breast milk for her nursing child for up to one (1) year after the child’s birth.
· The University must provide “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 a nonexempt employee to express breast milk.”
Coverage and Compensation
· Only nonexempt employees are entitled to breaks to express milk.
· The University is not required to compensate for breaks taken to express breast milk; however, if a nonexempt employee generally receives a paid break and uses that time to express breast milk, the nonexempt employee must be compensated in the same manner as other nonexempt employees are for the break time.
· Nonexempt employees may also use leave without pay or annual leave for breaks to express milk.
· Nonexempt employees must be completely relieved from duty to express breast milk if the break is not compensated.
Time and Location of Breaks
· A bathroom is not a permissible location for expressing breast milk according to the law. The space may be a temporary or converted space and only needs to be available when the nursing mother needs it. The space must be shielded from intrusions by other co-workers and the general public, and should include a chair, an electrical outlet for breast pumps, and a door lock.
· Nonexempt employees should discuss with their supervisor the frequency of breaks necessary and how much time is needed for each break. All reasonable requests may not be refused.
· Nonexempt employees may work, in collaboration with their supervisor, to determine a suitable area in their departments that may be utilized to express breast milk; or nonexempt employees may use the Lactation Room that is available in the Dacus Library.
· Supervisors may not retaliate against nonexempt employees who request lactation breaks.
· Please address questions to the Office of Human Resources at (803) 323-2273, or via email at email@example.com.
Human Resources, Employee Diversity and Wellness