Did You Know? New Jersey Amends LAD To Include Breastfeeding And Expressing Milk


On January 8, 2018, Governor Christie signed a law which amends New Jersey’s Law Against Discrimination (“LAD”) to include breastfeeding and expressing milk as a protected class?  DID YOU KNOW that nursing mothers are entitled to breaks as a reasonable accommodation?  Employers should have a policy that states:

Breastfeeding employees shall receive milk-expression breaks as follows:

Breastfeeding employees are provided with reasonable break time to express milk during work hours.  Such break time will be provided each time the employee needs to express milk for up to one (1) year after the child's birth.  Break time that may be needed beyond the usual break times may be unpaid, if permitted by state law, or the employee may elect to use personal leave or make up the time as negotiated with her supervisor.

Employees who wish to express milk during the work day shall keep supervisors informed of their needs so that appropriate arrangements can be made for the employee and the practice.

A Place to Express Milk:

The business will make a private room (not a toilet stall or restroom) available for employees to express milk. The room will be private and clean, and have an electrical outlet. If employees prefer, they may express milk in their own private offices.

If there are any questions or concerns about this policy, please contact the Human Resources Department for assistance.

Tags: New Jersey Law Against DiscriminationBreastfeeding PolicyEmployment Protected ClassWork Break


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Tracy Armstrong
Co-Chair, Employment Law Team