Employers Required to Provide Breaks for Breastfeeding Under Health Care Reform Act

Employers covered by the Fair Labor Standards Act are required to provide reasonable breaks to mothers of children up to one year old for the purpose of breastfeeding under the Patient Protection and Affordable Care Act. This provision was included in an amendment to the FLSA in the Act signed by President Barack Obama on March 23, 2010.

In addition to providing time for breaks, employers are also required to furnish a private space, other than a restroom, for mothers to express milk. This provision does not apply to employers with fewer than 50 employees if its requirements would “impose an undue hardship causing employers significant difficulty or expense.”