Under the Patient Protection and Affordable Care Act, employers covered by the Fair Labor Standards Act are required to furnish “reasonable” breaks to mothers to express milk for their infants who are up to one year old.  This was provided in an amendment to the FLSA in the Act signed by President Barack Obama on March 23, 2010. 

The newly enacted section (29 U.S.C. 207(r)(1)) of the FLSA also requires employers to furnish a private space, other than a restroom, for mothers to express milk.  However, the provision does not apply to employers with fewer than 50 employees if its requirements would “impose an undue hardship by causing the employer significant difficulty or expense.”

The amendment provides that such time can be unpaid.  This is contrary to the general FLSA mandate that employers pay employees for breaks of less than 20 minutes.  However, state laws may limit an employer’s ability to treat the time as unpaid. 

While a number of states already impose requirements on breaks, employers operating in states without such a state law now must ensure that such breaks and private space are provided. 

Of course, in states where such requirements have been enacted, employers must adhere to the standard (either federal or state) which will be more beneficial to the employee.