New Georgia Legislation Requires Employers To Supply Paid Breastfeeding Breaks |  Jackson Lewis PC

Georgia Governor Brian Kemp has signed a new law requiring employers to provide paid breastfeeding breaks and private places in the workplace where working mothers can express breast milk. The new law comes into force immediately.

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

Previously, an employer could, but was not required to, allow an employee a reasonable unpaid break to express breast milk for an infant. Employers could also provide a room or other location near the workplace, except a toilet cubicle, for expressing breast milk, but were not obliged to do so.

The new law (codified in OCGA § 34-1-6) requires employers to give employees who want to express breast milk at work during working hours appropriate breaks. Employers cannot require employees to take paid vacation for such breaks or to reduce an employee’s salary if the employee takes a break to express breast milk.

The law also requires employers to provide a private space in addition to a toilet where employees can express breast milk in the workplace.

However, the new law does not require employers to give an employee paid breaks on a day the employee is working outside the employer’s workplace.