29 U.S.C. § 218d - Breastfeeding accommodations in the workplace

• Cite as: 29 U.S.C. § 218d

(a) In general

An employer shall provide-

(1) a reasonable break time for an employee to express breast milk for such employee's nursing child for 1 year after the child's birth each time such employee has need to express the milk; and

(2) 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.

(b) Compensation

(1) In general

Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable break time under subsection (a)(1) for any time spent during the workday for such purpose unless otherwise required by Federal or State law or municipal ordinance.

(2) Relief from duties

Break time provided under subsection (a)(1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break.

(c) Exemption for small employers

An employer that employs less than 50 employees shall not be subject to the requirements of this section, 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.

(d) Exemption for crewmembers of air carriers

(1) In general

An employer that is an air carrier shall not be subject to the requirements of this section with respect to an employee of such air carrier who is a crewmember

(2) Definitions

In this subsection:

(A) Air carrier

The term "air carrier" has the meaning given such term in section 40102 of title 49.

(B) Crewmember

The term "crewmember" has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations (or successor regulations).

(e) Applicability to rail carriers

(1) In general

Except as provided in paragraph (2), an employer that is a rail carrier shall be subject to the requirements of this section.

(2) Certain employees

An employer that is a rail carrier shall be subject to the requirements of this section with respect to an employee of such rail carrier who is a member of a train crew involved in the movement of a locomotive or rolling stock or who is an employee who maintains the right of way, provided that compliance with the requirements of this section does not-

(A) require the employer to incur significant expense, such as through the addition of such a member of a train crew in response to providing a break described in subsection (a)(1) to another such member of a train crew, removal or retrofitting of seats, or the modification or retrofitting of a locomotive or rolling stock; or