Lara works at EZ Tax Returns, which just celebrated its 100^th employee and 5^th year in business. It is the end of March and the busy time of year for EZ Tax Returns. Lara, who just returned to work from FMLA leave for the birth of her child, asked her manager, Michelle, if she could take some breaks and have somewhere private to express milk. Michelle was annoyed; Lara had been out for weeks due to having a baby, and now she wanted additional special treatment. Michelle wanted to fire Lara but she decided to reach out for HR guidance first.

At the federal level, employers are required to provide unpaid, reasonable break time for an employee to express milk for up to a year after the child’s birth. Employers may need to provide more than the normal breaks and time frames to accommodate nursing mothers. Employers are not required to pay employees for breaks taken for the purpose of expressing milk; however, where employers already provide paid breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are. Additionally, some states have their own laws regarding workplace lactation accommodation.

Employers must also provide a private place other than a bathroom where the employee can express breast milk. The private place must be shielded from view and free from intrusions from others. State law may include other room requirements such as electrical outlets in close proximity.

Employers with less than 50 employees may be exempt if these requirements would impose undue hardship by causing the employer significant difficulty or expense.

The U.S. Department of Labor has provided additional direction on Break Time for Nursing Mothers and guidance was released just this month on what constitutes unlawful retaliation under FLSA, FMLA, and visa programs.

After reaching out to an HR professional, Michelle learned that terminating Lara because she asked for break time and a private location to express milk would not be the smart move. Michelle avoided a potential legal claim by asking for HR guidance before taking hasty adverse action.

Many employment lawsuits can be prevented by not rushing to termination and taking the time to seek HR guidance as you calmly review the situation. Reach out to your FrankAdvice HR Consultant as needed.