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NEW FEDERAL LAW Requires Unpaid Breaks for Nursing Mothers

The Patient Protection and Affordable Care Act is a bill that has passed both the Senate and the House and was signed into law by President Barack Obama on March 23, 2010. Sec. 4207 Reasonable Break Time for Nursing Mothers PDF

Nursing Mothers Card

The health insurance reform bill signed on March 23, 2010 by the President Obama contains an employment law change. Section 4207 amends the federal Fair Labor Standards Act to mandate unpaid breaks for expressing milk, in a location other than bathroom. Because it is part of the FLSA, its provisions apply to almost all employers, although those with fewer than 50 workers will not be covered if they can show that compliance would cause undue hardship.
The Patient Protection and Affordable Care Act amends the FLSA as follows:
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
(1) An employer shall provide-
(A) 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 such employee has need to express the milk; and
(B) 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.
(2) An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose.
(3) An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, 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.
(4) Nothing in this subsection shall preempt a State law that provides greater protections to employees than the protections provided
for under this subsection.

 National Legislation Needs More Support YOU CAN HELP
“Breastfeeding Promotion Act” (H.R. 2236)
More info read PRESS RELEASE
The Breastfeeding Promotion Act:
• amends the Civil Rights Act of 1964 to protect breastfeeding women from being fired or discriminated against in the workplace
• provides tax incentives for businesses that establish private, lactation areas in the workplace
• provides for a performance standard for breast pumps
• allows breastfeeding equipment to be tax deductible for families
Sponsor: Rep Maloney, Carolyn B. [NY-14] (introduced May 9, 2007) Cosponsors: Florida only has one legislative supporter of this important bill. (presently 28 cosponsors in all, but about 200 are needed)
Orly Isaacson, a nursing working mother and a staffer for NY Rep Carolyn Maloney, urged attendees at the 2008 USBC National Conference to contact their local legislators urging them to support this bill. About 200 legislative cosponsors are needed to help give this bill some life and more likelihood of being passed. We need to urge every voting age supporter of breastfeeding (moms, dads, grandparents) to contact their local legislators. An organization called Momsrising.com has a form letter on their website that filed out will be delivered to your local legislators to make this easier for everyone.
Email your legislative representive to cosponsor this bill. **CLICK HERE** to contact your congress person.
You are encouraged to edit the form letter to better represent your role in supporting breastfeeding mothers as well as emphasize the importance to the health of babies (saving babies lives, cutting healthcare cost).
We can make a difference!

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