Labor Attorney

Federal Breastfeeding Law under Health Care Reform

Written on September 12, 2010 by admin

Filed Under: Journal

The Health Care Reform Bill, otherwise known as the Patient Protection and Affordable Care Act or PPACA, requires employers nationwide to provide unpaid time for a non-exempt employee who is a nursing mother to express breast milk, and a private location to do so.

The law requires that non-exempt or hourly employees be given reasonable unpaid time to express breast milk. The statute specifically notes that the duration and frequency of these breaks will vary from one employee to the next. Breastfeeding mothers are covered for one year after the infant’s birth.

The law does not apply to any employee who is exempt from the overtime provisions of the FLSA, although employers are encouraged to give such breaks to exempt employees as well as non-exempt employees.

In addition, under the new law the employer must provide a private location free from intrusion, and shielded from the view of the public or other employees, for the use of a breastfeeding employee. A bathroom, even a private bathroom, is not sufficient under the law. An office or other space that can be locked can be used, as long as it is made available when the employee needs it. Many employers meet this requirement by making the HR office or another manager’s office available to the nursing mother whenever she needs it.

Employers are not required to pay the nursing mother for these breaks to express breast milk. However, when the employer provides paid rest breaks to other employees, the nursing mother must be compensated in the same way.

The law does not preempt state breastfeeding laws that may offer the employee greater protection under the law. Currently Twenty-four states plus the District of Columbia and Puerto Rico have state breastfeeding laws. Those states include Arkansas, California, Connecticut, Colorado, Georgia, Hawaii, Illinois, Maine, Indiana, Minnesota, Mississippi, Montana, New York, New Mexico, Oregon, North Dakota, Rhode Island, Oklahoma, Texas, Tennessee, Virginia, Vermont, Washington and Wyoming.

The PPACA amended the Fair Labor Standards Act or FLSA, the federal minimum wage law that applies to employers who engage in interstate commerce, or employers who have more than $500,000 in annual sales.

The breastfeeding provisions of the PPACA apply to every employer with 50 or more workers. In addition, smaller employers are required to abide by the PPACA as long as it does not present an undue hardship to the employer. It would probably be an undue hardship for a small convenience store with only one employee on duty at a time to provide unpaid break time and a private location for a nursing mother to express breast milk. However, if the convenience store chain had more than 50 employees nationwide, the employer would have to make that accommodation, even if it was an undue hardship.

Read more on Labor Law Center Blog

Health Insurance Benefit Laws

Written on August 2, 2010 by admin

Filed Under: Labor Law

Once you’re done comparing health insurance quotes and plans and you’ve settled on employer-based health insurance, it’s good to keep in mind the Department of Labor’s Employee Benefits Security Administration (EBSA) administers a number of laws that cover these health insurance plans.

Here is a list of some of the laws affecting health insurance :

1) The Employee Retirement Income Security Act – This law protects people in retirement, health and other benefit plans through private employers by providing rights to information and a grievance and appeals process for private employer health insurance participants.

2) The Consolidated Omnibus Budget Reconciliation Act – This law only applies to special instances, but if you qualify as a former employee, retiree, spouse or dependent child you can purchase a temporary continuation of health insurance at group rates.

3) The Health Insurance Portability and Accountability Act – This law applies to working Americans and families with preexisting medical conditions. Through this act there is a guarantee of individual health insurance policies for eligible people and it prohibits discrimination in health care coverage.

4) The Newborns’ and Mothers’ Health Protection Act – Just as it sounds, this law offers rules on minimum health insurance coverage on how long the mother and child can stay in the hospital after childbirth.

5) Mental Health Parity Act – This law ensures mental health is given as much emphasis as physical health by requiring annual, or lifetime, limits on mental health benefits to be no lower than limits for medical and surgical benefits provided by a group health insurance plan.

6) Women’s Health and Cancer Rights Act – Breast cancer is a frightening diagnosis and treatment runs a wide range of intensity and invasiveness. This law protects breast cancer patients who want to have a breast reconstruction after a mastectomy. When you are part of an employer – based health insurance plan the Department of Labor’s Employee Benefits Security Administration is a great source of information on subjects such as your rights to information on how your plan works, how to quality benefits available in your plan and how to make claims on your health insurance plan.Remember EBSA administers these laws that help protect your health insurance when you lose coverage, change jobs or if you suffer from certain special medical conditions. Also remember when choosing employer-based plans to carefully compare your health insurance options to make sure your plan works best for you and your family’s medical needs.Find out more about EBSA on the web at -www.dol.gov/ebsa.