Here's some good news to start the year: Remember the incredible news in 2010 that the federal health care reform legislation extended lactation accommodations to many employees nationwide?
Well, the news this week is that the Department of Labor has begun enforcing the law, sometimes known as "Break Time for Nursing Mothers."
A Department spokeswoman told MSNBC that 23 companies have already been cited for failure to comply with the law, including Starbucks, McDonalds, Dollar General, and Dillard's. In those cases the Department reports that the companies did eventually comply with the requirements of the law, and in one case even agreed to pay back wages.
While the fact that these companies weren't following the law might sound like bad news, I think it actually represents some great trends. It means that mothers are starting to understand their rights under the law and have been willing to file complaints when they believe that those rights have been violated. It also means that the Department of Labor has been actively working to enforce the law (as we discussed in this podcast, a law without an enforcement mechanism doesn't get you very far). And based on the outcomes shared, it sounds like the result has ultimately been very positive. Obviously there is more work to be done, but I think that this is a promising start.
Not sure what the law requires? Here's the Department of Labor's basic summary from their Fact Sheet:
Employers [of 50 employees or greater] are required to provide reasonable break time for an employee [who is covered by the Fair Labor Standards Act] to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk. Employers are also required to 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.
Want to see if you're covered by the law? Wondering what to do if you believe that your employer is not in compliance with the law? Here's a great FAQ page from the U.S. Breastfeeding Committee, which includes information on how to file a complaint. Remember, too, that you may live in a state which has its own lactation accommodation law.
If you're not covered by the law or your state law, you may want to voice your support for the Breastfeeding Promotion Act of 2011, which would extend these rights to many more employees.
And if you're wondering about those regulations you commented on, they're still pending. But that isn't stopping the Department of Labor from enforcing the law now, based on the law itself.
Now you tell us: Have you been affected by this law? Does your employer know about it? Have you had to file a complaint?
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