A short and largely unpublicized provision in the Patient Protection and Affordable Care Act, which President Obama signed into law on March 23, 2010, expands employer requirements for lactating employees.

Under the new law, employers that are subject to the Fair Labor Standards Act (most employers with one or more employees) must provide “a reasonable break time” to employees for the purpose of expressing breast milk. Employers must provide the break time whenever the employee has a need to express breast milk. While employers are not required to pay employees for this break time, they must provide the lactating employee a private place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

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