Breastfeeding Accommodations in the Workplace

Breastfeeding is an important part of raising a child for many mothers. Working mothers may need to take pumping breaks every two to three hours during the workday. Most employers have to make reasonable workplace accommodations for breastfeeding employees.

State and federal laws protect breastfeeding mothers from discrimination in the workplace. Here is what you need to know about your employee and healthcare rights. For more information about the rights of nursing employees, talk to an employment lawyer.

Federal and State Laws on Breastfeeding Accommodations

There are many federal laws supporting nursing moms in the workplace. Some state laws have greater protections for breastfeeding employees than federal statutes. Federal laws that support breastfeeding workers include:

• Pregnancy Discrimination Act of 1978 (PDA). This was the first major federal law to explicitly prohibit employment discrimination against workers based on pregnancy, childbirth, or related medical conditions. The PDA requires employers to provide reasonable accommodations, though employers are exempt if they can show undue hardship.
• Pregnant Workers Fairness Act (PWFA). This law requires employers to provide accommodations for a worker’s known limitations related to pregnancy and childbirth. This includes accommodating nursing workers.
• Fair Labor Standards Act (FLSA). This federal law requires employers to provide employees with reasonable break times and a private space to express breast milk or use a breast pump.
• Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). Extends FLSA protections to exempt employees.

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Requesting Breastfeeding Accommodations

Employers should have a lactation policy in place that follows federal and state laws. Check with your office nursing employee policy to understand your workplace accommodations.

Many employers provide workplace support for pregnant workers. It increases the likelihood they will return to work after their maternity leave. Talk to your employer if you will need lactation support during the workday. This will ensure there is a lactation space available and accessible from your work area.

If your employer doesn’t provide a space, you can take action by filing a complaint with the U.S. Department of Labor (DOL). Your employer can’t retaliate against you for filing a complaint.

Break Time and Place Accommodations

The PUMP Act allows most workers to take pump breaks for up to one year after the nursing child’s birth. If you plan to take nursing breaks after one year, talk to your employer to see if they will extend the accommodations.

The PUMP Act doesn’t require employers to compensate for break time for nursing mothers. However, employees who use break times to pump must get the same compensation as employees who use break periods for other purposes.

The DOL Wage and Hour Division (WHD) enforces break time for nursing mothers laws. If an employer violates an employee’s rights, the employee can file a complaint with their state or federal government agency. You can also file a private action but may need to give your employer notice and time to comply. Talk to a workers’ rights lawyer about your legal options.

Private Lactation Space

Nursing workers must have access to a place to pump that is hidden from view and intrusion from others. The employer cannot require the employee to use a bathroom or toilet stall for the nursing break time requirement. The employer can use a lactation room, borrowed office, or mobile screen.

Some states have specific lactation room requirements. For example, in the District of Columbia, a lactation space can include a childcare facility in close proximity to the worksite. California employers must provide access to an electrical outlet and a place to sit.

Legal Help With Breastfeeding Accommodations at Work

Federal lactation accommodation laws set the baseline for what employers must provide. State laws can go beyond them to provide more robust accommodations for nursing employees. If you experience pregnancy-related workplace discrimination, an employment lawyer can help. If your employer employer refuses to provide reasonable accommodations for nursing breaks, contact an experienced employment law attorney in your area.

For more information on employee rights laws, see our overview of workplace anti-discrimination laws.