FLSA Amended To Require Breast Feeding Breaks

The new 2010 health care law, formally known as the Patient Protection and Affordable Care Act, will affect employers in a variety of ways in the coming years. One provision, which received virtually no attention during the months before passage of the new law, will surprise many employers now.

Section 4207 of the new law amends section 7 of the Fair Labor Standards Act (the federal law on minimum wages and overtime entitlement) to mandate now that employers provide “reasonable break time” for a mother to “express breast milk for her nursing child” for up to one year after the child’s birth. Importantly, the break time for this purpose does not have to be paid (unless applicable state law requires), but we expect that many employers will not want to undertake the effort to police employee time in this activity.

The FLSA amendment also requires employers to provide mothers a suitable place other than a bathroom for the purpose of expressing breast milk. The designated place, appropriately, must be private, shielded from view, and free from intrusion by others in the workplace.

The new law applies to all employers subject to the FLSA. However, an employer with less than fifty employees may side-step compliance if these requirements impose an undue hardship on the employer. Presumably, it will be the employer’s burden to show undue hardship by demonstrating significant difficulty or expense.


Posted by Thamer E. "Chip" Temple III

National Defense Authorization Act: FMLA Leave Expanded for Military Families

On October 28, 2009, President Obama signed the National Defense Authorization Act ("NDAA"). The NDAA expands the rights of military service members and their families under the Family and Medical Leave Act ("FMLA"). These changes take effect immediately, so employers who are covered by the FMLA should revise their leave policies to reflect these changes.

First, the NDAA extends coverage for "exigency leave" of up to 12 weeks to the families of all active-duty members of the military who are deployed to a foreign country. Under the military leave provisions adopted in 2008, such "exigency leave" was available only to family members of National Guard members and military reservists.

Second, the NDAA extends the coverage of "service member caregiver leave" available under the FMLA. Such leave now includes caring for a child, spouse, parent, or next of kin who is a veteran undergoing medical treatment, recuperation, or therapy for a serious illness or injury and who was a member of the Armed Forces (including the National Guard or Reserves) at any time during the five years preceding the date on which the veteran undergoes the treatment. The medical treatment the veteran receives must be related to a serious injury or illness suffered while in the line of duty, or which existed before the beginning of the veteran's military service. Under this provision, a caregiver may take up to 26 weeks of leave to care for such an injured or ill veteran.

Employers may contact Bill Norris at (804) 783-6819 or Chip Temple at (804) 783-6814 to learn more about the National Defense Authorization Act or the Family and Medical Leave Act.

Posted by G. William "Bill" Norris, Jr.