Lactation Breaks For Nursing Mothers

This policy provides breaks for employees who are nursing to express breast milk. This break requirement was added to the Fair Labor Standards Act (FLSA) by the Patient Protection and Affordable Care Act, which became effective in 2010. Typically, a lactation break policy should provide a reasonable break time for employees who are nursing mothers, so they may express breast milk for a nursing child up to one year after the child’s birth. The employer also must provide a place for the nursing mother that is not a bathroom, that is shielded from the view of others, and is free from intrusion by coworkers and the public. 

State or local laws may impose additional or differing requirements. You’re encouraged to consult a local attorney to ensure your policy complies with applicable state and local laws.

Resource: 
Breastfeeding: Legal Assist FAQs

SAMPLE POLICY:
LACTATION BREAKS FOR NURSING MOTHERS

Employees at (name of organization) who are nursing mothers are eligible to take reasonable breaks under this policy to express breast milk for up to (one year) after the birth of the employee’s child.

(Organization’s name) will provide a private space where an employee who is nursing can express breast milk for her nursing child. An employee who needs to express breast milk should contact (the business administrator /  human resources) to schedule and coordinate breaks. (Human resources) will provide information about accessing the designated lactation room and coordinate use of the room with other nursing mothers. An employee working off-campus should contact (human resources) for assistance locating a private area that is shielded from the view of others, is free from intrusion, and is not a bathroom.    

Employees will be allowed reasonable (paid/unpaid) break times to accommodate the employees who need to express breast milk. Employees may also use their lunch periods to express breast milk.

Expressed milk may be placed in a refrigerator or other cold storage space designated by (organization’s name) for storing breast milk. Each employee must date and label her stored milk. Nursing employees must take home all expressed milk at the end of the employee’s workday. (Organization’s name) is not responsible for the loss or theft of any items left in the lactation room, including stored milk.

(Organization’s name) expressly prohibits any form of discipline, reprisal, intimidation, retaliation, or discrimination against any employee for requesting or taking lactation breaks or filing a complaint for violations of this policy or any applicable law.

If you are subjected to any conduct that you believe violates this policy, you should promptly notify (the business administrator / human resources), who will ensure that a prompt investigation is conducted and take prompt corrective action, if appropriate.

(The business administrator / human resources) is responsible for the administration of this policy. If you have any questions regarding this policy or if you have questions about lactation breaks that are not addressed in this policy, please contact (the business administrator / human resources).

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

Working Together © 2022 Brotherhood Mutual Insurance Company. All rights reserved. www.brotherhoodmutual.com/working-together. Updated 9/2021.