Workplace Support in Federal Law

Section 4207 of the Patient Protection and Affordable Care Act (also known as Health Care Reform) amended the Fair Labor Standards Act (FLSA), or federal wage and hour law.  The amendment requires employers to provide reasonable break time and a private, non-bathroom place for nursing mothers to express breast milk during the workday, for one year after the child’s birth.  The new requirements became effective when the Affordable Care Act was signed into law on March 23, 2010.  Download the text of Section 4207 only.

Resources from the Department of Labor:

• Department of Labor Info Page: “Break Time for Nursing Mothers”

Resources from the United States Breastfeeding Committee:

• Go to the USBC webpagefor the following:
  • New:  USBC’s Public Comments on the Department of Labor’s Request for Information
  • Updated:  Frequently Asked Questions
  • USBC Background Paper:  Workplace Accommodations to Support and Protect Breastfeeding

Resources for Employers:

• BCO website Employer page
• Business Case for Breastfeeding Toolkit
• National Business Group on Health
• Employer Perspective on Accommodating a Nursing Employee:  a video by the Colorado Breastfeeding Coalition
  

• Appreciation of My Employer, Tales from an Oregon Electrician:  a video by Milk for Thought, courtesy of Oregon Tradeswomen
  

• Family-forward grocery store emploiyee policies: Employer perspective and employee perspective from the same Portland company
  • Employer perspective
    
  • Employee perspective
    

Resources for Employees:

• USBC FAQ page about the federal law
• BCO website Return to Work, Pumping and Milk Storage, Workplace Lactation Programs, and Oregon Rest Breaks Legislation page in addition to this one
• How Oregon and Federal rest breaks laws work together — who is covered and what accommodations are required
• Contact Nursing Mothers Counsel of Oregon for help with breastpumps, and coaching on talking to your employer, advocating for yourself
• Contact the US Department of Labor Oregon Wage and Hour Division if you need to file a complaint on the federal law at 503.326.3057