South Carolina: New Lactation Break Requirements

The South Carolina Lactation Support Act (the “Act”) requires employers in South Carolina to make reasonable efforts to provide employees time and space to express breast milk for a one-year period following a nursing child’s birth.  The Act brings South Carolina’s local law in alignment with federal requirements to provide lactation accommodations, with some minor differences.

Employers must provide both exempt and non-exempt employees reasonable break time to express milk, or allow employees to utilize existing paid break or mealtime to do so.  Where possible, lactation breaks should run concurrently with existing employer-provided break time.  Employers are also responsible for providing a private location for a lactating employee’s use.  The Act clarifies that employers need not build a separate room, but the private location cannot be a toilet stall and should be in close proximity to the lactating employee’s work area.  Employers may be exempt from providing lactation breaks if doing so would cause an unreasonable burden.

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