Ensure Compliance with Reform Law's Lactation Room Requirements

Effective practices for meeting and exceeding the health care reform law's requirements to provide a lactation room for breastfeeding mothers were shared by Cathy Carothers, co-director of the not-for-profit Every Mother Inc. and president of the International Lactation Consultant Association, speaking at the Society for Human Resource Management (SHRM) 2012 Employment Law & Legislative Conference, held March 4-7 in Washington, D.C.

Section 4207 of the Patient Protection and Affordable Care Act (PPACA) requires that employers “provide a reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express milk.” Moreover, employers must “provide a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public” for nursing employees. The requirement became effective in March 2010. Employers with less than 50 employees can apply for an exemption if they can prove "undue hardship."

"Most women need two to three milk expression sessions per eight-hour period," Carothers explained. "Around 15 to 20 minutes is needed, plus time to get to the lactation room." However, "nursing needs change over time," she emphasized, and employers should provide extra time if needed.

Explaining why meeting the law's requirements, at a minimum, is in an employer's best interest, Carothers pointed to research studies showing that "lactation programs resulted in a 77 percent reduction in lost work time due to infant illness" and that "one-day absences occur twice as often for employees whose babies are not breastfed." In addition, employees of companies providing lactation support say they feel more productive and loyal to the company.

"Employee breaks are predictable. Absences are not," Carothers noted.

Compliance Steps

To make support for breastfeeding mothers part of the company culture, Carothers recommended convening a task force to explore employee needs. The task force should include:

• Current and previous pregnant/breastfeeding employees.

• Lactation consultants in the community.

• Representative supervisors and co-workers.

• Facilities managers.

• Public relations, communications and marketing staff.

• Welness program staff.

The task force should develop a plan to meet employee needs, examine company policies, identify potential lactation room space, provide training for supervisors and co-workers and "promote the program widely," Carothers advised.

Appropriate Amenities

The lactation room should be large enough for a chair with a flat surface for the pump, she noted. An electrical outlet is preferred. A lock is not required, but privacy must be ensured. Although they are not required by law, she recommended the room contain:

• A breast pump (so employees needn’t tote their own back and forth).

• A sink.

• Anti-microbial wipes.

• A small refrigerator.

• Artwork.

• A bulletin board for baby photos.

For additional resources and information, Carothers suggested the websites of the U.S. Department of Health and Human Services (HHS) Maternal and Child Health Bureau and the U.S. Breastfeeding Committee, with which HHS hascontracted to enhance the coordination and reach of the nursing mothers provision of the PPACA.

Stephen Miller, CEBS, is an online editor/manager for SHRM.

Related Articles:

SHRM Legal Report: Reasonable Break Time for Nursing Mothers Clarified, SHRM Legal Report, July 2011

Most Workers Unaware of Lactation Support Mandate, SHRM Online Benefits Discipline, April 2011

BreastfeedingBreaks: What is the definition of ‘a private place,’SHRM HR Q&As, July 2010

Quick Links:

SHRM Online Benefits Discipline

SHRM OnlineHealth Care Reform Resource Page