Secrets of Health Care Reform

Though a supporter of health care reform generally, I can’t say that I support the recently enacted legislation in its entirety, because I have no idea what the legislation says in its entirety. Of course, a common objection to the legislation was that no one knows what it (all of it) says. I suspect that’s true of almost every piece of legislation, however.

One unknown provision (now part of the of the Fair Labor Standards Act) has recently come to light: “An employer shall provide (A) a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth; and (B) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”

This provision doesn’t require a paid breastfeeding break. Also, an employer with less than 50 employees is exempt from the law if its requirements would “impose an undue hardship” by causing it “significant difficulty or expense.” It’s important for employers to be aware of this unheard of provision but to also check similar state laws. Tennessee has, for example, a similar law. It too doesn’t require a paid break, but some state laws might. Tennessee’s law applies to all employers (regardless of the number of employees), though it has a provision similar to the “undue hardhip” clause in the federal law.

Most of the focus of health care reform has been on cost, tax credits, universal coverage, public and private options, etc. It’s important for employers to be alert to provisions that have received no attention or publicity like the breastfeeding section. It’ll take a while to find them all.

For other posts on this subject, see Molly DiBianca, Dan Schwartz, Jon Hyman, and Jottings.