labor lawAdivision of labor law center

A new Colorado law requires employers to make accommodations for nursing mothers in the workplace.

Under the new law, statute 8-13 5-104 CRS, both public and private employers must provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child. The law applies to employers with one or more employees, and mothers can take advantage of the program for up to two years after the child’s birth.

The Nursing Mothers in the Workplace law went into effect with little fanfare on August 5, 2008.

The law also requires employers to make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breast milk in privacy under state statute 8-13 5-104(2) CRS.

Reasonable effort means any effort that would not impose an undue hardship on the operation of the employer’s business. While few cases regarding this law have been tried in the courts yet, probably a larger employer would be required to provide a separate office or a small room for the mother’s use. A very small employer, such as a convenience store, might not be required to provide a separate room, although it would still be required to provide time to the mother to express milk.

The law defines undue hardship to mean any measure or action that requires significant difficulty or expense, considered in relation to factors such as the size of the business, the financial resources of the business or the nature and structure of its operation. Special circumstances such as public safety must also be considered, under section 3 of the law.

The Colorado Department of Labor and Employment recommends several publications for nursing mothers and their employers, including:
Colorado Employer Toolkit from the Colorado Breastfeeding Coalition
Describes health facts, workplace accommodations including space, time and support, employers’ breastfeeding sample policy.
Lactation Support Program from the Centers for Disease Control and Prevention
An employer toolkit for lactation programs.
Accommodations for Breastfeeding in the Workplace - United States Breastfeeding Committee (USBC)
Covers facilities for accommodating nursing mothers and an employers’ breastfeeding support sample policy.

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