Does an employer need to have a lactation room for the mothers that breast feed?

Question Details:

The company has over 300 employees.

Asked 1/31/2012 under Employment and Labor | 41 View(s) | More Legal Topics

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Employment and Labor Law Answers

The Patient Protection and Affordable Care Act (the PPACA) includes provisions granting protections to working mothers who breastfeed. The PPACA requires employers to provide reasonable unpaid break time to nursing mothers to express their breast milk in a private space for up to 1 year after the child’s birth.  It mandates that the private lactation room may not be a restroom or a bathroom stall. 

These requirements apply to all employers. However, those that employ 50 or fewer employees may be exempt if these requirements impose an undue hardship which will cause an employer significant difficulty or expense. Additionally, to the extent state law provides more protection, then such law will apply.

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