Yes, the Lactation Support Act contains an exception for circumstances in which employers cannot reasonably comply with the Act’s requirements: “This section does not require an employer to provide break time if doing so would create an undue hardship on the operations of the employer.” Importantly, this exception applies to break time only—it does not excuse employers from providing a private location for their employees to express breast milk when allowing them to do so does not create an undue hardship.
As explained by the South Carolina Human Affairs Commission (SCHAC), determining whether compliance with the Lactation Support Act would result in “undue hardship” requires consideration of factors including:
The size and financial resources of the employer;
The nature of the accommodation required; and,
The cost of the accommodation required.
The statute also provides protections for employers that make reasonable efforts to comply, providing that they must be held harmless in such circumstances.