labor lawAdivision of labor law center

The U.S. Department of Labor recently issued final rules under the Newborns’ and Mothers’ Health Protection Act of 1996. These new regulations take effect on December 19, 2008, according to a recent news bulletin by the SHRM, the Society of Human Resource Management.  The regulations apply to health insurance plans issued on or after January 1, 2009.

The rules were issued in conjunction with the U.S. Department of Health and Human Services and the Treasury Department. The rules apply to group health plans and health insurers, including businesses that are self-ensured.

The new U.S. Department of Labor rule extends the length of time mothers and newborn babies may stay in the hospital, following childbirth.

Under the “general rule”, employers or their healthcare plans cannot limit benefits for a hospital stay after a normal delivery to 48 hours. However, the employer or healthcare plan cannot restrict the hospital stay to a shorter period. In addition, employers can (more…)

New York employers must make accommodations for nursing mothers under the New York Nursing Mothers in the Workplace Act.

The act, passed in 2007, requires employers to provide reasonable unpaid break time for a working mother to express milk. In addition, the law requires that employers permit mothers to use paid break time to express milk. The employer must provide a private room or other area, near the work state, for mothers to use to pump milk. Bathrooms and storage areas are not suitable for mothers to use, under the law.

The Lawyer’s Alliance for New York suggests that (more…)