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Federal Protections for nursing mothers include the amended section 7 of the Fair Labor Standard Act (FLSA), which took effect via the Affordable Care Act in 2010. This legislation requires that employers provide a reasonable break time for women to express milk after the birth of a child. Since these protections may be limited, and may exclude some employees, knowing the laws in your state may help you better understand your rights.
There is no formal way to request a break to express milk. Employers are required to treat breaks taken to express breast milk the same as other breaks, however, employers are required to allow breast feeding moms to express milk as frequently as needed. Communication between the employer and employee can help to make this process a smooth one.
Section 7(r) of the FLSA requires employers to provide a reasonable break time for an employee to express breast milk for her nursing child for up to 1 year after the child’s birth. Employers must also provide a place, other than a bathroom, that is shielded from view and free from intrusion of coworkers and the public, which may be used by an employee to express breast milk.
No. According to EEOC guidance, an employer denying a break for breastfeeding while allowing breaks for other reasons violates Title VII, and is discrimination.
"Despite the great strides that the U.S. has made in breaking down breastfeeding barriers, gaps in the law remain. Workers don't have federally-protected breastfeeding rights and an employer is not required to compensate an employee for breaks they take to pump, [thus causing women to lose pay]. "
–Nola Booth
from Little Bundle