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Georgia requires lactation breaks


Author: ADP Admin/Tuesday, September 1, 2020/Categories: Compliance Corner , State Compliance Update, Georgia

Georgia has enacted legislation (House Bill 1090) that requires employers to provide reasonable break time to employees who wish to express breast milk at the worksite. House Bill 1090 is effective immediately.

Any break time provided under House Bill 1090 must be paid at the employee's regular rate of compensation. If the employee is paid on a salary basis, the employer is prohibited from requiring the employee to use paid leave during the break time or reducing the employee's salary.

Employers must provide a private location, other than a restroom, where the employee can express breast milk in privacy at the worksite.

Note: Employers aren't required to provide break time if the employee is working away from the employer's premises.


Employers with fewer than 50 employees are exempt from any requirement of House Bill 1090 if it would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business.

Compliance Recommendations:

Georgia employers should review their policies, practices, and supervisor training to ensure compliance with House Bill 1090. Please contact your dedicated service professional with any questions.

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Tags: 09/03/20

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