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September 1, 2010 |
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Wisconsin Fair Employment Law Poster Updated Few Employment Discrimination Litigation Cases Go to Trial Model Notices Under PPACA Released for Claims and External Reviews |
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From the responses, 43% indicated these breaks would be paid for their employees. Another 26% responded that breastfeeding breaks would be paid for the same duration of time as other breaks but if the breastfeeding breaks exceeded that time, that extension would be unpaid. Fourteen percent said the breaks would be unpaid for their employees and the remaining respondents indicated that they haven’t had to cross that bridge yet. As part of the Patient Protection and Affordable Care Act (PPACA), employers are required to provide reasonable breaks to mothers to express milk for their infants. There is also a requirement that employers provide for a private space, other than a restroom, for this purpose. The provision provides that such time can be unpaid, however, according to FLSA rules, breaks of less than 20 minutes need to be paid. This presents an interesting dichotomy for employers. In addition, there may be state laws that already govern breastfeeding breaks and how they should be handled. Employers need to be aware of state laws and comply with what is most beneficial to the employee. For example, Illinois already has a breastfeeding law for the workplace that requires employers to provide an unpaid break and a private space. For a listing of other state laws on this topic, visit the National Conference of State Legislatures. For more information on breastfeeding in the workplace and a sample policy, members can visit MRA’s Online Resource Center at www.mranet.org. Thank you to all who participated in the poll! |
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