Hoosier Banker 29 There are other federal laws that may be implicated and must be considered, including the Pregnancy Discrimination Act, Family Medical Leave Act and ADA, as amended. Those laws may require an accommodation be provided. The PUMP for Nursing Mothers Act The PUMP for Nursing Mothers Act, which became effective upon signing (with a few exceptions), expands on existing federal law (the Fair Labor Standards Act (FLSA) of the Patient Protection and Affordable Care Act) and grants similar rights that exist under most state laws, including Indiana’s nursing mothers in the workplace law (Ind. Code §22-2-15). Under the existing FLSA, employees who work for employers covered by the FLSA and who are not exempt from the FLSA’s overtime pay requirements, are entitled to “reasonable” breaks to express breast milk and must be provided with a private space, other than a bathroom. Indiana’s law, which applies to employers with 25 or more employees, requires that all nursing mothers (regardless of whether they are exempt or non-exempt under the FLSA) be given reasonable breaks to pump breast milk and a private location (other than a bathroom stall). Indiana’s law also requires, to the extent possible, that the employer provide a refrigerator or other cold storage space for keeping the breast milk or allow the mother to bring her own portable cold storage device. The PUMP for Nursing Mothers Act, like Indiana’s law, provides that all employees (whether salaried or hourly) be given reasonable breaks and a private location to express breast milk. The law provides an exemption for employers who have fewer than 50 employees, if they can show that compliance with the law would cause an “undue hardship” on the employer’s business operations. Under the new federal law, employees must also be paid for the time if they are using an otherwise paid break (e.g., lunch or rest break) to pump breast milk or if they are not completely relieved of their job duties during the pumping break. For exempt employees, an employer cannot dock their salary for the break time spent pumping. In other words, exempt employees must be paid their salary regardless of whether they use a break period to pump breast milk. An employer does not have to pay a non-exempt employee who is using an otherwise unpaid break unless it is required under a local, state or other federal law. The new federal law includes anti-retaliation provisions. The law also allows for a 10-day grace period for an employer to cure any alleged violation (other than retaliation or where an employer expressed an intent not to comply with the law) before an employee can file a lawsuit. Keep in mind that the frequency and duration of pumping can be different for each mother. What is reasonable for one mother may not be for another. Normally, the average pumping time is 20-30 minutes, A FULL SERVICE LAW FIRM WITH A SIMPLE PROMISE, PUT YOU FIRST. INDIANA | ILLINOIS | MISSOURI | OHIO | WISCONSIN WWW.AMUNDSENDAVISLAW.COM 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204 }ɘʇȠȞȤɉȡȣȡɉȡȞȝȝʇɓʇ4ɘʇȠȞȤɉȡȣȡɉȡȞȝȞ
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