New Georgia law protects breastfeeding moms in workplace

Working mothers who return to the workplace after childbirth and wish to pump breast milk received enhanced legal protection on August 11, when Georgia Governor Brian Kemp signed legislation requiring employers to provide paid lactation breaks and private locations at the worksite. The new law, known as "Charlotte's Law,"? eliminates an employer's discretion about whether to allow or prohibit employees to take the time they need to pump breast milk at work.

How new state law works

Charlotte's Law was inspired by a Georgia public school teacher who wanted to pump breast milk during one of her planned breaks. A supervisor told her, however, she would have to either stop pumping during the break or stay late after school to make up the time. The difficult choice sparked the state legislature to take action to protect a woman's right to pump and express breast milk in the workplace.

Under the new state law, an employer with one or more employees must provide a reasonable break time each day so a working mom can express breast milk for a nursing child (24 months of age or younger). So she can express the milk in privacy, the employer must provide a room or other location that (1) isn't within a restroom and (2) is in close proximity to her work area.

The requirement to provide a reasonable break time to pump breast milk is in addition to an employee's unpaid break time. The breastfeeding breaks, however, may run concurrently with other breaks. In addition, employers may not deduct from or reduce an employee's pay for any breaks taken to pump breast milk.