NEW Fair Labor Standards provision regarding women!

Morning Fun People,

Well hope everything is going well with all of you and your businesses.  I was at a Congressional  Hearing a few days ago concerning government loans for small business as they are looking for a way to alter the current way the loans are given out.  I’ll keep you informed as things develop.

I seemed to have caught a bit of a cold… must be all my talk about Health Care so I guess I’ll change the topic.

Did you know that there is a NEW provision under the Health Care Law that amends the Fair Labor Standards Act requiring that employees give:

“  a reasonable break to an employee to express milk for her nursing child for up to 1 year after the child’s birth each time the employee has a need to express milk.”

The employer must do so in “a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public.”

NOW an employer is NOT required to provide a reasonable break time for a nursing mother if;

1)      The Employer has less than 50 employees

2)      It will impose an “undue hardship” on the employer

·         This provision only applies to non-exempt employees

What this provision does not do is:

1)      There is  NO provision that non-exempt employees be paid for the break but they must be given unpaid break time to express milk.

2)      It does not require that employees be given access to a place to store the expressed milk

(this should be interesting because expressed milk should be refrigerated which means you must be careful if your just putting it into the office refrigerator.   Especially if people are  real coffee drinkers in your office  J)

3)      It does not define what is a reasonable amount of time for a break

4)      It does not define what is an appropriate place to permit the employee to nurse

5)      It does not define what would be an “undue hardship” on an employer

If you are an employer with 50 or more employees, you should:

1)      Designate a place in the workplace where the employee can express milk in private.  For example, an office where the door locks or perhaps a conference room where you can set up curtains.

2)      Revise your employee manual to include policy

3)      Inform employees of their rights under the law

4)      Request that employees going out on maternity leave to inform you that they intend to express milk when they return to work.

Hope this helps and once again my thanks to my Family Business and Human Resource expert Atty.  Albert  Lee from Tucker/Arensberg in Pittsburgh.   

Also be sure to stop by the Family Business Chamber of Commerce website,  www.familybusinesscc.com  and join us today. 

Together We Have The Power of Family

Have a great day and a profitable week !

Rich