Break Time for Nursing Mothers Policy

Section 7 of the Fair Labor Standards Act (FLSA) covering health care law has been amended to allow nursing mothers to take a break every time they need to express breast milk and requires employers to provide a private location, other than a bathroom, where such employees may express milk. 

Under Section 4207 of the Patient Protection and Affordable Care Act of 2010, employers must make available the following: 1) reasonable breaks for employees to express breast milk, and 2) a location free from intrusion in which to take those breaks.

UW-Superior has dedicated a space in Swenson Hall Room 1031A (within the Gender Equity Resource Center) for this purpose. The space is private and is equipped with a sink, a comfortable chair and an end table.

Employers are not granted discretion to regulate the frequency with which employees take breaks to express milk; rather, nursing mothers are entitled to take reasonable breaks “each time such employee has need”. Employees may take these breaks until the nursing child is one year old.