b'Worksite Lactation BreaksWho, What, Why . . . Who does it apply to: According to the Patient Protection andHow long do I have to offer breaks: Breaks must be offered up to Affordable Care Act (PPACA), all employers with more than 50one year following the birth of the employees child.employees nationwide are required to comply. Employers with less than 50 employees may not comply if it would be an undueWhat is sufficient to show undue hardship: As noted above, hardship. employers with fewer than 50 employees nationwide who show undue hardship may opt out of the Act. There have been no What am I supposed to do: Employers must offer reasonablecases reported on this subject yet, but employers must at least time for breaks to nursing mothers who need to express milkshowsignificantdifficultyorexpense,whenconsideredin and must provide an appropriate space to do so. relation to size, financial resources, nature or structure of the employers business. The Department of Labor (DOL) openly Who is entitled to the breaks: Employees who are not exemptstates that it believes this to be a stringent standard available in from overtime. (See the section on Overtime Exemptions forvery limited circumstances.more information on that topic.) Employers are not required to offer the breaks to exempt employees. Are there any signs to post: There are no employer posting or notice requirements in the law. The DOL encourages employees How many breaks per day must be given: There is not a specificto provide advance notice to their employers so the employer requirement in the law. The employer must offer a break eachcanprepareforcompliance.Employerscanlikewiseaska time the employee has need to express the milk. According topregnant employee whether she intends to take lactation breaks the US Department of Health and Human Services (DHHS), anafter the baby is born.average employee will have the need to express milk two to three times per day for 15 to 20 minutes, excluding set up andIs there any upside: While many employers will perceive this take down time and the convenience of the location. Employersas one more encroachment upon their ability to get work done, should err on the side of caution granting as much time asthere may be tangible monetary benefits other than helping necessary. employee morale. According to the DHHS, employers are likely to have lower health insurance claims because breastfed infants Do I have to pay: Strictly speaking, no. Non-exempt employeeshaveuptothreetimesfewermedicalvisits. Turnoverrates may be asked to clock out unless they use an already offered,are likely to be lower because 86-92 percent of breastfeeding paid, work break for lactation. Employers who choose to offeremployees return to work when offered lactation break options lactation breaks to exempt employees, however, may not dockversus 59 percent otherwise.their pay for the time. What type of space is required: The law requires that the space be shielded from view and free from intrusion by co-workers and the public. The space may be temporary and created when needed by an employee. A lock is not required, but is suggested to avoid intrusion. It is important to note, however, that the space must be offered in any location where an employee requiring lactation breaks is stationed, even if there is only one employee at the location.71'