President Barack Obama signed the Patient Protection and Affordable Care Act last month, which allows for new health-related provisions to take effect over the next several years. However, many people are unaware that this law also carries an amendment to the Fair Labor Standards Act and will give more employee rights for mothers who are nursing.
The National Conference of State Legislatures states that Section 207 of FLSA will be amended by requiring an employer to provide an employee with reasonable break time and a location that is not a bathroom to express breast milk. The law allows mothers to take these reasonable break times if they have children who are less than one-year-old. However, it's important to note that the employer is not required to compensate an employee receiving break time for such a purpose.
An employer that employs less than 50 employees may not necessarily be subjected to the requirements of this law if the requirements of the law impose undue hardship. Many new mothers are particularly happy about the new amendment to FLSA because women often rely on breastfeeding children when taking care of a newborn child.
Houston employment lawyers know that Texas is already considered a breast feeding friendly state, as there are many state laws that give extended rights to new mothers. Texas Health Code 165.112 allows woman to breast feed in any public or private location. Texas Health Code 165.003 allows for businesses to have policies supporting worksite breastfeeding and requires the Department of Health to develop recommendations supporting worksite breastfeeding.
Related Resources:
- FLSA Reference Guide (FindLaw)
- Providing Pregnancy and Parental Leave (FindLaw)
- Contact a Houston Employment Lawyer (FindLaw)
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