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Your work place breastfeeding rights provided by the Affordable Care Act

3/15/2016

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The Patient Protection and Affordable Care Act (PPACA) amended Section 7 of the Fair Labor Standards Act (FLSA) to include a break time requirement for employees who are nursing mothers.

Effective immediately (October 2010), a qualified employee will be provided "reasonable" break times to express breast milk for her nursing child for one (1) year after the child's birth. Department employees are generally allowed two, fifteen minute breaks per full work day, and this time is counted as paid work time. If employees need an additional break time during the day to express milk, the employee will be granted such time.

In addition to providing break times, employees will be provided a "place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express milk." A bathroom, even if private, is not acceptable. The space need not be solely dedicated for this purpose but must be available when needed, in order to meet the statutory requirement. 

Each County Health Department has an office that meets these requirements. If you qualify for this benefit, you need to contact your local administrator, office manager, or designee so arrangements can be made. Also, if you need an additional break time, you should notify your immediate supervisor so s/he is aware of your absence. 


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