Do Employers Have to Give Nursing Mothers Break Time? Yes They Do.

Under both federal law and Maine law, employers have to allow unpaid break time for nursing mothers.  If during the time the employee is not completely relieved of all work duties (don’t overthink this), the time must be paid.  Maine law requires that the time must be provided for up to 3 years after birth; federal law only requires it for one year; that means that Maine law is what to follow in terms of timing.  Below is the language for Maine and then federal law.  But first…..yes this is another pitfall for employers.  But if you have a good employee and you want to keep them, allowing time like this is a good way to keep them.  Nowadays we refer to that as “retaining talent.”

An employer, as defined in section 603, subsection 1, paragraph A, shall provide adequate unpaid break time or permit an employee to use paid break time or meal time each day to express breast milk for her nursing child for up to 3 years following childbirth. The employer shall make reasonable efforts to provide a clean room or other location, other than a bathroom, where an employee may express breast milk in privacy. An employer may not discriminate in any way against an employee who chooses to express breast milk in the workplace.

The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee’s representative). 

In general, the FLSA does not require breaks or meal periods be given to workers. However, all employers covered by the FLSA must comply with the Act’s break time for nursing mothers provision. Please refer to the Wage and Hour Division’s Nursing Mothers website to obtain additional information on this topic. Some states may have additional requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee’s representative).

What must an employer provide to workers who want to express breast milk in the workplace?  

Effective March 23, 2010, employers are required under the FLSA to provide unpaid break time and space for nursing mothers to express breast milk for one year after the child’s birth. Where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. See WHD Fact Sheet # 73, Break Time for Nursing Mothers under FLSA. In addition, the FLSA’s general requirement that the employee must be completely relieved from duty or else the time must be compensated as work time applies. See WHD Fact Sheet #22, Hours Worked Under FLSA. Please refer to the Wage and Hour Division’s Nursing Mothers website to obtain additional information on this topic.