United States Department of Labor

Wage and Hour Division (WHD)

Break Time for Nursing Mothers

Overview

Section 7 of the FLSA requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express the milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010.The Wage and Hour Fact Sheet #73 “Break Time for Nursing Mothers under the FLSA” and the Frequently Asked Questions (FAQs) posted below provide basic information about the law.
 

General Guidance

• WHD Fact Sheet #73, Break Time for Nursing Mothers under the FLSA (Spanish Version)
• Break Time for Nursing Mothers FAQs
• Break Time for Nursing Mothers under the FLSA (Microsoft® PowerPoint®)
• Break Time for Nursing Mothers Employee Rights Card
• FLSA Handy Reference Guide
• How to File a Complaint

Applicable Laws

• FLSA § 7(r) (as amended by the Affordable Care Act, P.L. 111-148)
• State Breastfeeding Laws

Additional Resources

• Request for Information on Break Time for Nursing Mothers , Federal Register 75: 80073-80079, (2010, December 21): This notice is a request for information from the public regarding the recent amendment to the FLSA that requires employers to provide reasonable break time and a place for nursing mothers to express breast milk for one year after the child’s birth. The Department seeks information and comments for its review as it considers how best to help employers and employees understand the requirements of the law.
  • Questions and Answers about the Request for Information
    
• Presidential Memorandum for the Director of the Office of Personnel Management
  • OPM Guidance on Nursing Mothers in the Federal Workforce
• Supporting Nursing Moms at Work: Employer Solutions
• CDC Healthier Worksite Initiative, Workplace Lactation Support Program Toolkit
• EEOC Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities
• National Conference of State Legislatures Compilation of State Breastfeeding Laws
• U.S. Breastfeeding Committee, Workplace Support and Coalitions Directory
• International Lactation Consultants Association, Worksite Lactation Support Directory
• The Surgeon General's Call to Action to Support Breastfeeding