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Breastfeeding in the workplace

If you are an employer with workers who are pregnant or may become pregnant, you may have thought about the ways this could affect your workplace in Miami, Florida. Depending on the choices that a working mother makes for herself and her child, there could be federal guidelines that you will need to understand and comply with. We at Welbaum Guernsey are familiar with federal and state employment law and understand the legal issues that may arise when breastfeeding mothers require accommodations at work.

WomensHealth.gov explains that your employees must be provided with space and time during the workday to express breastmilk if they fall under the wage and hour guidelines of the Fair Labor Standards Act. The law outlining your breastfeeding employee’s rights is known as Break Time for Nursing Mothers, and it is effective for one year after childbirth. Compliance is enforced by the U.S. Department of Labor’s Wage and Hour Division.

Your employee will need a private place where people will not interrupt. It does not have to be a room that is designated specifically for lactation, but it cannot be a bathroom. You and your employee may find it helpful to modify her schedule to accommodate break times needed for expressing milk. However, the time that she takes for the activity may be during her regular breaks or meal times, and you are not required to pay her for extra breaks that she may need. Our Web page on business law can provide you with more information about employment issues.

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