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New Georgia Legislation Requires Employers to Provide Paid Lactation Breaks

Georgia Governor Brian Kemp has signed new legislation requiring employers to provide paid lactation breaks and private locations at the worksite where working mothers can express breast milk. The new law is effective immediately.

Georgia House Bill 1090, also known as “Charlotte’s law,” was inspired by a public school teacher whose supervisor would not allow her to pump during her planned break. The teacher was only allowed to pump during the break if she stayed after work to make up for that time.

Previously, an employer could, but was not required to, provide reasonable unpaid break time to an employee to express breast milk for an infant child. Similarly, employers could, but were not obligated to, provide a room or other location close to the work area, other than a toilet stall, for employees to express breast milk.

The new law (codified at O.C.G.A. § 34-1-6) requires employers to provide reasonable break time to employees who desire to express breast milk at the worksite during work hours. Employers cannot require employees to use paid leave for such breaks or reduce an employee’s salary as a result of the employee taking a break to express breast milk.

The law further requires employers to provide a private location, other than a restroom, where employees can express breast milk at the worksite.

The new law, however, does not require employers to provide paid break time to an employee on any day the employee is working away from the employer’s worksite.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 224

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About this Author

Emily Borna, Jackson Lewis, business compliance attorney, human resource lawyer
Principal

Emily S. Borna is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. Since completing law school, she has specialized in labor and employment litigation on behalf of management.

Ms. Borna joined Jackson Lewis after a year of private practice in Savannah, Georgia. She specializes in litigating employment law cases in federal and state courts and labor and employment agencies. She has significant experience with assisting employers in meeting the legal and practical challenges posed by federal and state laws...

404-586-1817
Mary Claire Smith Labor & Employment Attorney Jackson Lewis Atlanta, GA
Associate

Mary Claire Smith is an Associate in the Atlanta, Georgia, office of Jackson Lewis P.C. Her practice focuses on representing employers in the defense of labor and workplace matters in federal and state court and before various government agencies.

While attending Samford University’s Cumberland School of Law, Ms. Smith received scholar of merit awards for her achievements in the courses of Secured Transactions and Law Office and Practice Management. She was also a semi-finalist in the Donworth Moot Court Competition and received recognition for her superior legal writing and oral advocacy skills.

Prior to joining Jackson Lewis, Ms. Smith was an associate in the labor and employment group of a mid-sized Atlanta firm where she represented employers in a variety of labor and employment issues, including the defense of class and collective wage and hour claims, single plaintiff employment discrimination suits, restrictive covenant disputes. She also regularly counseled employers on issues arising under the FLSA, FMLA, Title VII, ADA, and ADEA.

Practices

  • Corporate Governance and Internal Investigations
  • General Employment Litigation
  • Non-Competes and Protection Against Unfair Competition
404-586-1840