- As used in this Code section, the term “employer” means any person or entity that employs one or more employees; provided, however, that such term shall not include the state and its political subdivisions.
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- An employer shall provide break time of a reasonable duration to an employee who desires to express breast milk at the worksite during work hours.
- Any break time provided for under this Code section shall be paid at the employee’s regular rate of compensation. If the employee is paid on a salary basis, the employer shall neither require the salaried employee to use paid leave during any break time nor reduce the employee’s salary as a result of the salaried employee taking a break to express breast milk during the workday.
- No employer shall be required to provide paid break time to an employee on any day that the employee is working away from any of the employer’s worksites.
- The employer shall provide a private location, other than a restroom, where such employee can express breast milk in privacy at the worksite.
- An employer that employs fewer than 50 employees shall not be subject to any requirement of this Code section that would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
History. Code 1981, § 34-1-6 , enacted by Ga. L. 1999, p. 464, § 2; Ga. L. 2020, p. 818, § 1-1/HB 1090.
The 2020 amendment, effective August 5, 2020, substituted “; provided, however, that such term shall not include” for “and shall include” near the end of subsection (a); designated the existing provisions of subsection (b) as paragraph (b)(1); rewrote paragraph (b)(1); and added paragraphs (b)(2) through (b)(4) and subsection (c).
Cross references.
Breast-feeding of baby, § 31-1-9.
Newborn baby and mother protection act, § 33-24-58 .
Law reviews.
For article with annual survey on labor and employment law, see 73 Mercer L. Rev. 137 (2021).