Breastfeeding accommodations in the workplace
In general
An employer shall provide—
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
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.
Compensation
In general
Relief from duties
Exemption for small employers
Exemption for crewmembers of air carriers
In general
Definitions
In this subsection:
Crewmember
Applicability to rail carriers
In general
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—
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
result in unsafe conditions for an individual who is an employee who maintains the right of way.
Significant expense
Definitions
In this subsection:
Employee who maintains the right of way
Rail carrier
Train crew
Applicability to motorcoach services operators
In general
Employees who are involved in the movement of a motorcoach
An employer that is a motorcoach services operator shall be subject to the requirements of this section with respect to an employee of such motorcoach services operator who is involved in the movement of a motorcoach provided that compliance with the requirements of this section does not—
require the employer to incur significant expense, such as through the removal or retrofitting of seats, the modification or retrofitting of a motorcoach, or unscheduled stops; or
result in unsafe conditions for an employee of a motorcoach services operator or a passenger of a motorcoach.
Significant expense
For purposes of paragraph (2)(A), it shall not be considered a significant expense—
to modify or retrofit a motorcoach by installing a curtain or other screening protection if an employee requests such a curtain or other screening protection; or
for an employee to use scheduled stop time to express breast milk.
Definitions
In this subsection:
Motorcoach; motorcoach services
Motorcoach services operator
Notification prior to commencement of action
In general
Except as provided in paragraph (2), before commencing an action under section 216(b) of this title for a violation of subsection (a)(2), an employee shall—
notify the employer of such employee of the failure to provide the place described in such subsection; and
provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.
Exceptions
Paragraph (1) shall not apply in a case in which—
the employee has been discharged because the employee—
has made a request for the break time or place described in subsection (a); or
has opposed any employer conduct related to this section; or
the employer has indicated that the employer has no intention of providing the place described in subsection (a)(2).
Interaction with State and Federal law
Laws providing greater protection
No effect on title 49 preemption
Source
(June 25, 1938, ch. 676, § 18D, as added Pub. L. 117–328, div. KK, § 102(a)(2),Notes
Editorial Notes
References in Text
Prior Provisions
Statutory Notes and Related Subsidiaries
Effective Date
Delayed Application of Law to Employees of Rail Carriers
In general.—
Section 18D of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d] (as added by section 102(a)) shall not apply to employees who are members of a train crew involved in the movement of a locomotive or rolling stock or who are employees who maintain the right of way of an employer that is a rail carrier until the date that is 3 years after the date of enactment of this Act [
Definitions.—
In this subsection:
Employee; employer.—
The terms ‘employee’ and ‘employer’ have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
Employees [sic] who maintains the right of way; rail carrier; train crew.—
The terms ‘employee who maintains the right of way’, ‘rail carrier’, and ‘train crew’ have the meanings given such terms in section 18D(e)(4) of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d(e)(4)], as added by section 102(a).”
Delayed Application of Law to Employees of Motorcoach Services Operators
In general.—
Section 18D of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d] (as added by section 102(a)) shall not apply to employees who are involved in the movement of a motorcoach of an employer that is a motorcoach services operator until the date that is 3 years after the date of enactment of this Act [
Definitions.—
In this subsection:
Employee; employer.—
The terms ‘employee’ and ‘employer’ have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
Motorcoach; motorcoach services operator.—
The terms ‘motorcoach’ and ‘motorcoach services operator’ have the meanings given such terms in section 18D(f)(4) of the Fair Labor Standards Act of 1938 [29 U.S.C. 218d(f)(4)], as added by section 102(a).”