Page 95 - City of Farmington Administrative Regulations

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Effective Date: August 1, 2018 Subject: Personnel

the difficulty or expense of compliance for a specific employer in comparison to the size,
financial resources, nature, and structure of the employer's business. All employees who work
for the covered employer, regardless of work site, are counted when determining whether this
exemption may apply.

Employers are not requiJed Wlder the FLSA to compensate nursing mothers for breaks taken for
the purpose of expressing milk. However, where employers already provide compensated breaks,
an employee who uses that break time to express milk must be comJ>ensated in the same way that
other employees are compensated for break time. In addition, the FLSA's general requirement
that the employee must be completely relieved from duty or else the time must be compensated
as work time applies.

2011 New Mexico Statutes Chapter 28: Human Rights Article 20: Nursing Mothers, 28-20-
1 Right to Breastfeed through 28-20-2 Section 28-20-2: Use of a breast pump in the
workplace.

28-20-1. Right to breastfeed.
A mother may breastfeed her child in any location, public or private, where the mother is
otherwise authorized to be present.

28-20-2. Use of a breast pump in the workplace.

A. In order to foster the ability of a nursing mother who is an employee to use a breast pump in
the workplace, an employer, including the state and its political subdivisions, shall provide:
(1) a space for using the breast pump that is:
(a) clean and private;
(b) near the employee's workspace; and
( c) not a bathroom; and
(2) flexible break times.

B. An employer shall not be liable for:
(1) storage or refrigeration of breast milk;
(2) payment for a nursing mother's break time in addition to established employee breaks; or
(3) payment of overtime while a nursing mother is using a breast pump.

PROCEDURE:
All women wbn breastfeed their child, and who need to express milk during the working day,
will work with their supervisor and Human Resources to determine how best to accommodate
the needs of the mother while still accomplishing the performance of her job.

1. Employees who return back to work after the delivery of their child who intend to
breastfeed or express breast milk during working hours shall notify their direct supervisor
as soon as practical. The employee will be given reasonable breaks and access to "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."

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