The 2010 Healthcare Reform Act amended the Fair Labor Standards Act (FLSA) by requiring that employers provide a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time the employee has need to express milk.
Under the Act, employers must now 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 FLSA does not require employers to pay employees for such break time.
Exceptions. The requirements do not apply to employers with less than 50 employees, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business. The FLSA's provisions do not preempt a state law that provides greater protections to employees.
Most states have passed legislation that explicitly allows mothers to nurse/express breast milk in public or semipublic places such as restaurants, public transportation facilities, and other locations where the public is present. Some state laws require that employers provide reasonable time for an employee to breastfeed or express breast milk, or to coordinate designated break times to coincide with the employee's need to breastfeed or express breast milk.
Accommodating breastfeeding and expressing breast milk. In order to allow employees to take advantage of the many health benefits of breastfeeding, employers may wish to consider drafting a written policy on breastfeeding and expressing breast milk in the workplace The policy should include elements such as:
It is generally accepted that bathrooms are not sanitary, acceptable places for breastfeeding or expressing breast milk. Therefore, federal law requires that employers must not designate employee or public bathrooms as the location for breastfeeding or expressing breast milk.
For questiions or technical assistance requests on human resources, please contact Shelly Hegerle, human resources specialist, at (701) 250-9197 or (701) 221-9824.
The resources in the table below are all CHAD Member resources.
| Benefits and Compensation |
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| Compliance Issues and Laws | ||
| Employee Relations | ||
| Performance Management |
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Termination/Resignation |
The resources in the table below are all CHAD Member resources.
| Benefits | Recruitment and Selection | |
| Compensation | Required Posters | |
| Health and Safety | Surveys | |
| Performance Management | Termination |
These files and documents are for informational purposes and are not
intended as legal advice. Any use, including alteration, modification,
addition, deletion, or other changes to these documents may result in
significant legal consequences for the parties involved. Accordingly,
you are advised not to use any of the sample files and documents unless
such files and documents are reviewed and approved by your lawyer.
Community HealthCare Association of the Dakotas has no responsibility
under any circumstances for any use made by you of the sample files and
documents.
The resources in the table below are all CHAD Member resources.
| Administration | Nurses | |
| Board of Directors | Office Staff | |
| Other Medical | ||
| Midlevels | ||
| Miscellaneous |
These files and documents are for informational purposes and are not
intended as legal advice. Any use, including alteration, modification,
addition, deletion, or other changes to these documents may result in
significant legal consequences for the parties involved. Accordingly,
you are advised not to use any of the sample files and documents unless
such files and documents are reviewed and approved by your lawyer.
Community HealthCare Association of the Dakotas has no responsibility
under any circumstances for any use made by you of the sample files and
documents.
A venue for community health center staff to establish relationships with other professionals while gaining valuable resources and insight to relevent best practices.
Upcoming Meeting: |
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| Monday, December 21, 2009 | ||
| 11:00 a.m. - 12:00 p.m. CST |
| CHAD Network Team Facilitator: | Shelly Hegerle |
Coal Country Community Health Care |
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| Beulah, ND | Dawn Berg |
| Kandi Olson | |
Family HealthCare Center |
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| Fargo, ND | Patricia Patron |
| Beth Wiek | |
Migrant Health Services, Inc. |
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| Moorhead, MN | Joan Altenbernd |
| Aaron Kakac | |
| Twila Neset | |
Northland Community Health Center |
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| Turtle Lake, ND | Faye Hagen |
Valley Community Health Centers |
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| Northwood, ND | Sharon Ericson |
| Robin Silbernagel | |
| Stacie Avdem | |
| Wendy Nygaard | |
Community Health Center of the Black Hills |
Collette Smith |
| Rapid City, SD | |
Falls Community Health |
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| Sioux Falls, SD | Judy Buseman |
| Jill Franken | |
Horizon Health Care, Inc. |
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| Howard, SD | Lori Feller |
Prairie Community Health |
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| Isabel, SD | Pam Locken |
| Bev Stradinger | |
Rural Health Care, Inc. |
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| Fort Pierre, SD | Rita Wagner |
| Nicole Huseman | |
Union County Health Foundation |
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| Alcester, SD | Mary Metz Carda |
| Brad Bertrand | |
The resources in the table below are all CHAD Member resources.
| Benefits | Miscellaneous | |
| Compensation | Recruitment and Selection | |
| Employee Handbook | Standards of Conduct | |
| Health & Safety | Termination |
These files and documents are for informational purposes and are not
intended as legal advice. Any use, including alteration, modification,
addition, deletion, or other changes to these documents may result in
significant legal consequences for the parties involved. Accordingly,
you are advised not to use any of the sample files and documents unless
such files and documents are reviewed and approved by your lawyer.
Community HealthCare Association of the Dakotas has no responsibility
under any circumstances for any use made by you of the sample files and
documents.
CHAD Member password required: |
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