29 USC 218d - Breastfeeding accommodations in the workplace

U.S Code last checked for updates: Nov 22, 2024

§ 218d.

Breastfeeding accommodations in the workplace

(a)

In general

An employer shall provide—

(1)

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

(2)

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.

(b)

Compensation

(1)

In general

(2)

Relief from duties

(c)

Exemption for small employers

(d)

Exemption for crewmembers of air carriers

(1)

In general

(2)

Definitions

In this subsection:

(A)

Air carrier

(B)

Crewmember

(e)

Applicability to rail carriers

(1)

In general

(2)

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—

(A)

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

(B)

result in unsafe conditions for an individual who is an employee who maintains the right of way.

(3)

Significant expense

(4)

Definitions

In this subsection:

(A)

Employee who maintains the right of way

(B)

Rail carrier

(C)

Train crew

(f)

Applicability to motorcoach services operators

(1)

In general

(2)

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—

(A)

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

(B)

result in unsafe conditions for an employee of a motorcoach services operator or a passenger of a motorcoach.

(3)

Significant expense

For purposes of paragraph (2)(A), it shall not be considered a significant expense—

(A)

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

(B)

for an employee to use scheduled stop time to express breast milk.

(4)

Definitions

In this subsection:

(A)

Motorcoach; motorcoach services

(B)

Motorcoach services operator

(g)

Notification prior to commencement of action

(1)

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—

(A)

notify the employer of such employee of the failure to provide the place described in such subsection; and

(B)

provide the employer with 10 days after such notification to come into compliance with such subsection with respect to the employee.

(2)

Exceptions

Paragraph (1) shall not apply in a case in which—

(A)

the employee has been discharged because the employee—

(i)

has made a request for the break time or place described in subsection (a); or

(ii)

has opposed any employer conduct related to this section; or

(B)

the employer has indicated that the employer has no intention of providing the place described in subsection (a)(2).

(h)

Interaction with State and Federal law

(1)

Laws providing greater protection

(2)

No effect on title 49 preemption

(June 25, 1938, ch. 676, § 18D, as added Pub. L. 117–328, div. KK, § 102(a)(2), Dec. 29, 2022, 136 Stat. 6093.)

cite as: 29 USC 218d