13 Sep How do we meet federal requirements for lactation accommodations?
The Fair Labor Standards Act (FLSA) requires all employers to provide reasonable lactation break time and a private place (not a bathroom) for employees to express breast milk during work hours for one year after their child’s birth. The time doesn’t have to be paid except to the extent that it runs concurrently with other paid break time. (i.e., If an employee normally gets a 15-minute paid break, but needs 30 minutes to pump, the first 15 minutes would be paid and the second 15 unpaid.)
Employers with 50 or less employees don’t have to provide these accommodations if doing so would be an undue hardship, but be sure to check local and state laws. Many go above and beyond federal law.
Here are some requirements and best practices we recommend as the minimum standard:
- A private, clean, and lockable space with a comfortable chair, flat surface for pump, and electrical outlet. This room should be free from interruptions.
- Ensure access to refrigeration, close to the pumping room, if possible.
- Expect two or three 30-minute lactation breaks in an eight-hour workday, but be flexible. Frequency and duration vary depending on the employee and can change over time. Give remote employees the same flexibility.
- Include lactation policies in your Staff Handbook and procedures in your Operations Manual.
If needed, create or revise your current policies. Be sure to include:
- Flexibility allowed in their work schedules for lactation
- Designated location(s) they can use to pump/li>
- Where breast milk can be stored
- Whether they can continue to work while pumping
- Whether any part of lactation breaks will be paid
Original content by HR Ministry Solutions. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.