Georgia Employers Must Allow Employees Paid Breaks to Pump Breastmilk

By Kris Janisch
Published Aug. 27, 2020

Georgia Breaks Breastmilk

The legislation regarding lactation breaks went into effect earlier this month. Employers must provide a non-bathroom private spot.

Following recently enacted legislation, Georgia employers must give employees paid breaks to pump breastmilk.

The new law, now in effect, does not apply to employers with fewer than 50 workers if providing the break time would create an undue hardship.

Employers must also provide a private location (not a bathroom) for employees to pump breastmilk.

Break time for lactation must be of a “reasonable duration,” according to the legislation. Employees who use the time must be paid their regular rate of pay and they do not need to use personal time off to lactate.

However, lactation breaks do not need to be provided for employees who are working from home.

The impetus for the bill, also called Charlotte’s Law, came from a school teacher who was not allowed to pump breast milk during her break unless she stayed after regular hours to make up for the lost time.

Georgia’s new law does not require a new labor law posting to be displayed.

Finally, employers should note that the Fair Labor Standards Act requires employers to provide time and space for pumping breastmilk, but does not require the employee to be compensated for that time.

Employment Laws Nationwide

Georgia has not typically been at the forefront of employment laws like states such as California, Oregon, Colorado, etc.

The decision to add a layer of requirements for Georgia companies demonstrates the increasing compliance concerns for employers.

From minimum wage to paid leave and constantly updating labor law postings, employers are tasked with more laws to wade through then ever before.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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