The Department of Labor has updated its website to include a section to offer guidance on a
provision in the Patient Protection and Affordable Care Act (PPACA) that requires employers to provide reasonable break time and a private space for nursing mothers to express milk.
In addition, DOL issued a request for information (RFI) seeking information and comments as the agency considers how to help employers and employees understand the law’s requirements.
The DOL website includes a fact sheet and a set of frequently asked questions (FAQs) on the provision. The FAQs clarify that employers currently must be in compliance with the provision, which went into effect March 23, 2010. Until DOL issues final guidance, enforcement will be based on the
statutory language and the guidance provided in
WHD Fact Sheet #73 and the associated
FAQs.The RFI provides information for employers to consider when establishing policies for nursing employees.
The FAQs also state that businesses with fewer than 50 employees are not subject to this provision only if it would impose an “undue hardship,” which is determined based on difficulty or expense of compliance in comparison to the size of the company; financial resources; and the nature and structure of the business. When determining if this exemption applies, an employer must count all employees, regardless of work site. Employers should consult with their attorney regarding the undue hardship standard.
In order to ensure a complete understanding of the requirements outlined on this page, ABC recommends members review official agency guidance and consult with legal counsel whenever necessary.
Comments for the RFI can be submitted
here and are due by Feb. 22. Further information about the RFI can be found here:
http://www.dol.gov/whd/nursingmothers/faqsRFI.htm.
DOL’s Fact Sheet #73 is available here:
http://www.dol.gov/whd/regs/compliance/whdfs73.htm.
FAQs are available here:
http://www.dol.gov/whd/nursingmothers/faqBTNM.htm.