The American Academy of Pediatrics and all major health organizations recognize the importance of exclusive breastfeeding and recommend babies receive only breastmilk until 6 months of age. In Nebraska, an annual reduction of $51,000,000 in healthcare costs would occur if 60% of babies were exclusively fed breast milk for the first 6 months. In Nebraska, most mothers return to work between 5-8 weeks after giving birth, where 63% are still breastfeeding. With most mothers returning to work within the first few months after childbirth, worksite lactation support is essential to the health of mothers, infants, and families, as well as a good return on investment for employers. We have provided the laws regarding workplace accommodations for breastfeeding mothers and resources available for employers and employees.
Fair Labor Standards Act – Break Time for Nursing Mothers Provision
- Requires employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child for 1 year.
- The amendment also requires that employers provide a place for an employee to express breast milk other than a bathroom.
- The area should be shielded from view and free from intrusion from coworkers and the public.
- An employer shall not be required to compensate an employee receiving reasonable break time under paragraph (1) for any work time spent for such purpose
- An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, 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.
Nebraska Fair Employment Practice Act (LB 627)
- Companies with 15 or more salaried or hourly employees must comply to making reasonable accommodations for break time and appropriate facilities for breastfeeding or expressing breast milk.
- States’ discrimination includes not making “reasonable accommodations” for breastfeeding employees including time off to recover from childbirth or break time and appropriate facilities for breastfeeding or expressing milk.
Allow Breastfeeding as Prescribed Nebraska State Statute (LB198)
- Nebraska was one of the last remaining states to pass a law in 2011 that gives women the legal right to breastfeed her child in any public or private location where the mother is otherwise authorized to