Employment Law Questions? Ask an Employment Lawyer.
HelloThis is Samuel and I will discuss this and provide you information in this regardEmployers are required to provide a reasonable amount of break time and a space to express milk as frequently as needed by the nursing mother, for up to one year following the birth of the employee’s child. The frequency of breaks needed to express breast milk as well as the duration of each break will likely vary. The space provided by the employer cannot be a bathroom, and it must be shielded from view and free from intrusion by coworkers or the publicHowever, if the time is specially allotted for the pumping, it does not need to be paid. Under the Fair Labor Standards, employees are not required to give "breaks" If they do anything 20 minutes or less are to be paid for- more than 20 minutes can be considered for "lunch" and that does not have to be paid.I suggest she needs to discuss the law as in this link and work with the employer to ensure she is getting the time to pump and also any other lunch time that other employees are getting all the while being able to maintain the employers expectations as to how much work hours should be in a week.You ask is it legal, it is illegal not to provide breaks. But the employer can demand she keep up her work schedule.Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.Thank you