Holman Schiavone, LLC

Weekend & Evening Hours Available

Focused on Protecting & Preserving the Rights of Individuals.

Super Lawyers
Avvo
The National Trial Lawyers
AV Preeminent | Martindale-Hubbell LawyerRating
Best of the Best | Top 10
  1. Home
  2.  » 
  3. Wage And Hour Laws
  4.  » Break time for employees who are nursing mothers

Break time for employees who are nursing mothers

| Sep 25, 2016 | Wage And Hour Laws |

The federal government recognizes the importance of breastfeeding and other motherly duties. Sometimes mothers might require breaks from their job to take care of their child. The federal government, along with 25 other states, has made special laws to make sure the rights of these mothers are protected.

According to the Federal Labor Standards Act, FSLA, employees must provide nursing mothers with a reasonable break time for breast-feeding. This time has to be provided for 1 year after the child was born. Reasonable break time for an employee to express breast milk. The FSLA was recently updated to add these clauses and protect the rights of mothers.

Not all employees are covered under these FSLA laws. Employees who are entitled to overtime can receive the benefit of these breaks. Others who earn their money from commissions or percentages may not be able to get these breaks. Smaller businesses who employ less than 50 people are not required to provide special break to nursing mothers because it causes too much of a financial burden on them. Not being entitled to nursing breaks under FSLA breaks does not mean mothers can still not take breaks. Several states have also made laws to protect nursing mothers, and the nursing employee might be covered under state laws.

If you are a nursing mother who requires breaks to breastfeed your child, it is important to contact an attorney and inquire about your rights. If the employer refuses to allow you take these breaks, your attorney can file a complaint under FSLA and assist you in claiming compensation as well.

Archives

FindLaw Network