On Dec. 21, 2010, the Department of Labor (DOL) issued a preliminary interpretation regarding the new law that requires employers to provide reasonable break time and a place for nursing mothers to express breast milk. Notable interpretations by the DOL include:

• “Reasonable” Break Time. In determining whether the time needed for a nursing employee to express breast milk is “reasonable,” employers should be mindful that the “act of expressing breast milk alone typically takes about 15 to 20 minutes,” but that additional time may be needed due to the location of the space and the amenities nearby (e.g., proximity to employee’s work area, availability of sink for washing and location of refrigerator for storing milk). When investigating employee claims that the break time provided was unreasonable, the DOL will consider all the steps reasonably necessary to express breast milk, not merely the time required to express the milk itself.
  
  
• Space for Expressing Breast Milk. Employers are not obligated to maintain a permanent, dedicated space for nursing mothers. However, they must provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.” In addition to being private, the space must contain – at a minimum – a place for the nursing mother to sit and a flat surface (other than a floor) on which to place a pump to express breast milk. The DOL also interprets the new law to require the employer to provide a place to safely store the milk.
  
  
• Obligations for Off-Site Work. The DOL views the law to require the employer to arrange for space for the employee to express breast milk even when the employee is working at an off-site location.
  
  
• Relationship to FMLA. Breaks to express breast milk cannot be considered leave under the Family and Medical Leave Act (FMLA), or counted against an employee’s FMLA entitlement.

The full text of the DOL’s interpretation and additional guidance materials can be found here.