The South Carolina Lactation Support Act: A Step Forward for Working Mothers

The South Carolina Lactation Support Act (SCLA) represents a significant legislative effort to support working mothers’ breastfeeding journey. Enacted to provide comprehensive protections and accommodations, the SCLA ensures that mothers have the necessary resources and environment to continue breastfeeding after returning to work. This act aligns with broader public health goals and acknowledges the importance of breastfeeding for both mothers and infants.

Key Provisions of the SCLA

The SCLA mandates several critical provisions designed to support lactating employees:

1. Reasonable Break Time: Employers are required to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth. This break time must be provided each time the employee needs to express milk.
   • Comparison with Federal Law – The federal Patient Protection and Affordable Care Act amended the Fair Labor Standards Act (FLSA) to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth.” However, federal law only requires that employers provide breaks to non-exempt employees, as defined by the FLSA, to express milk; exempt employees are not entitled to such breaks. The South Carolina Lactation Support Act fills the gap between exempt and non-exempt employees, providing protection for all employees who seek to express breast milk while at work.
2. Private Space: The act stipulates that employers must provide a private space, other than a bathroom or toilet stall, shielded from view and free from intrusion from coworkers and the public. This space must be functional for expressing breast milk.
3. Notice and Education: Employers should inform employees about their rights under the SCLA. This includes providing information about the lactation support available within the workplace.
4. Non-Discrimination: The SCLA prohibits discrimination against employees who choose to express breast milk during the workday. This protection ensures mothers do not face adverse employment actions due to their lactation needs.
5. Employer Size Considerations: While the SCLA applies to all employers, there are considerations for smaller businesses. Employers with fewer than 50 employees may be exempt if compliance would impose an undue hardship, considering the difficulty or expense of the accommodations in relation to the size, financial resources, nature, or structure of the business. However, we caution you against claiming an undue hardship. “Undue hardship” is hard to prove, and you must have documented legitimate reasons as to why accommodating would cause an undue hardship.

Penalties for SCLA Non-Compliance

Employers who fail to comply with the SCLA could face legal consequences, including fines or lawsuits. Businesses must understand their obligations to avoid these penalties. Non-compliance not only risks legal ramifications but also damages employee trust and the company’s reputation.

Employer Compliance Resources for the SCLA

Employers can consult with HR professionals or seek guidance from legal experts to ensure they are meeting the requirements of the SCLA. State-provided resources are also available to assist businesses in implementing the necessary accommodations. This includes guidance from South Carolina’s Department of Labor and various workplace lactation support programs.

SCLA Impact on Employers and Families

An exemption for religious organizations does not exist under the South Carolina Lactation Support Act. So religious employers must comply. The South Carolina Lactation Support Act supports working mothers and promotes public health. By ensuring that mothers have the necessary time and space to express breast milk, the SCLA helps bridge the gap between professional and personal responsibilities. As awareness and understanding of the act grow, it is hoped that more workplaces will embrace these provisions, leading to healthier outcomes for families across South Carolina.

How Church HR Network Can Help

At Church HR Network, we specialize in helping faith-based organizations comply with state and federal employment laws without compromising ministry protections, including the South Carolina Lactation Support Act. We provide customized HR services to help churches and religious organizations navigate these regulations without compromising their deeply held religious beliefs. Whether you need assistance with implementing policies or training staff, Church HR Network is here to guide you every step of the way. Contact us today to ensure your organization remains compliant while supporting your employees.