Announcement: Department of Labor, Request for Information: Reasonable Break Time for Nursing Mothers

The Department of Labor has published in the Federal Register a Request for Information on the recent amendment to the Federal Labor Standards Act that requires employers to provide reasonable break time and a place for nursing mothers to express milk.

The break time requirement is found in Section 4207 of the Patient Protection and Affordable Care Act, Public Law 111-148.  The provision requires employers to provide “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.”  Employers are also required to 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 an employee to express breast milk.”  The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010.  The Department of Labor has issued FAQ’s and Wage and Labor Fact Sheet #73 (see: http://www.dol.gov/whd/regs/compliance/whdfs73.pdf) to help employers comply with the new law.  

The RFI contains the Department’s preliminary interpretation on the law and seeks public comments on the law.  The RFI lists key concepts the Department of Labor would like comment from the public on including unpaid break time, reasonable break time, space for expressing milk, enforcement, etc.  The public comment period is open for 60 days and closes on February 22, 2011.  

All are encouraged to provide comment. You can access the public comment website at:
http://www.regulations.gov/#%21submitComment;D=WHD-2010-0003-0001

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