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Summary of differences between federal and state regulations
Breaks
Federal law does not require that employers provide rest periods or coffee/snack breaks. However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.
Montana does not address breaks. The state does have provisions for nursing mothers, but these provisions only apply to public employers.
Break time for nursing mothers
All state and county governments, municipalities, school districts, and the university system shall provide reasonable unpaid break time each day to an employee who needs to express breast milk, if breaks are currently allowed. If breaks are not currently allowed, the public employer shall consider each case and make accommodations as possible. The break time must, if possible, run concurrently with any break time already provided to the employee. A public employer is not required to provide break time if doing so would unduly disrupt the public employer's operations.
These public employers must have a written policy supporting women who want to continue breastfeeding after returning from maternity leave. The policy must accommodate the breastfeeding-related needs of employees and ensure that employees are provided with adequate facilities for breastfeeding or the expression of milk for their children. At a minimum, the policy must identify the means by which an employer will make available a space suitable for breastfeeding and breast pumping for a lactating employee, including the provision of basic necessities of privacy, lighting, and electricity for the pump apparatus. The space does not need to be fully enclosed or permanent, but must be readily available during the term that the employee needs the space. These entities must 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.
Meal periods
Federal law does not require that employers provide meal periods. Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break. During meal periods, the employee must be completely relieved from duty. Bona fide meal periods are not considered work time and are not compensable. If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.
Montana does not address meal periods.
State
Contact
Montana Labor Standards Bureau
Regulations
Break time for nursing mothers
Montana Code Annotated Title 39, Chapter 2, Section 39-2-215 through -217
Federal
Contact
The US Department of Labor is the federal agency that monitors hours worked.
Regulations
U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.