The U.S. Department of Labor recently issued guidance for specific industries regarding nursing employee expanded protections under federal law.
In late 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act adjusted the Fair Labor Standards Act, entitling employees to reasonable break time to express breast milk. This applies to exempt and non-exempt employees and allows for breaks for up to one year after the birth of a child.
Employers must also provide a place (not a bathroom) to express breast milk that is shielded from view and free from intrusion. Break time can be unpaid unless another law or regulation applies, as long as the employee is fully relieved of their duties for the entire period.
Applicable employers include those with 50+ employees. Air carrier crew members are exempt and rail carriers have special rules. If the requirements would impose undue hardship on the employer, an exemption may apply.
After this law was passed, many questions came up related to specific industries and how to manage the requirements of nursing mothers. The DOL has started to release industry-specific guidance on the expansion of the law, which includes the retail and restaurant, transportation, healthcare, agriculture, and education industries.
View the full list of industry-specific guidance.
This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.
