Nursing Mothers and the Workplace

Over the past few years, legislation has been passed protecting rights for mothers in the workplace. Some of this reform specifically addresses nursing mothers, and it is important to ensure that you are aware and compliant with these changes.

Effective March 23, 2010, all employers (except those with less than 50 employees who can be exempted if the requirements would pose undue hardship, causing significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the business) are required to:

•   Provide a reasonable break time for an employee to express milk for a nursing child for one year after a child’s birth
•  Provide 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 milk.

Employers are not required to compensate an employee receiving reasonable break time. For continued updated on this and other health care reform updates, please check out McGohan Brabender's Health Care Reform site!

Changes have also been made in regards to FSA and HSA plans for nursing mothers. The IRS has now concluded that breast pumps and supplies (like obstetric care) affect a structure or function of the lactating woman’s body and are, therefore, medical care expenses and are tax deductible with these plans. Plan sponsors with FSA or HRA plan documents stating that the plan generally reimburses expenses that qualify as medical care expenses under §213(d) may reimburse these expenses immediately. Also, individuals who contribute to an HSA can consider these expenses reimbursable from their accounts.