Law Offices of Lauren Abrams blog

Breastfeeding Rights at Work

BREASTFEEDING and BREAST MILK EXPRESSING BREAK REQUIREMENTS:

Employers with 50 or more employees must provide a private, non-bathroom space for nursing mothers to express breast milk during the workday (and a reasonable break time), for up to one year after the child's birth.  [Section 4207 of the Affordable Care Act  The FLSA requires employers to provide nursing mothers reasonable break time and also a place to express breast milk after the birth of her child.

Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)(r)(1): An employer shall provide 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 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. 

California has even stronger laws protecting the rights of pregnant and breastfeeding women.  Contact an employment attorney if someone's rights are being violated

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