Birth Center
Breastfeeding at Work? The Laws You Should Know
Breastfeeding is an important aspect of new motherhood, however, combining it with work schedules and environments can be challenging. New mothers should be aware of their rights to pump breast milk while at work and which breastfeeding accommodations they’re entitled to within the baby’s first year of life. Here, we walk through the rules, regulations and rights of new moms when it comes to breastfeeding laws at work.
US Federal Legal Protections
The Pump Act (2022)
As of December 2022, employees who are nursing became protected under the PUMP for Nursing Mothers Act, or PUMP Act. This protection ensures new moms have reasonable break time and a private, non-bathroom space to express breast milk during their child’s first year. The law covers a wide range of employee types, including salaried employees, managers and agricultural workers. If an employee is not completely relieved of their work duties during a pumping break, they must be compensated accordingly for that time as “hours worked.” Under the PUMP Act, employees also have the right to sue employers for violations. This act aims to create a more supportive, safe space and work-life balance for new moms who want to continue to breastfeed their baby.
The Pregnant Workers Fairness Act (PWFA)
The PWFA took effect on June 27, 2023, and, according to the U.S. Equal Employment Opportunity Commission, requires employers to provide “reasonable accommodations” for employees and job applicants who have known limitations related to pregnancy, childbirth or related medical conditions. This only applies to businesses with 15 or more employees, and if the accommodation will not cause the employer undue hardship. The PWFA provides additional protections against pregnancy discrimination; women can file charges of discrimination related to pregnancy or child birth under this provision.
Examples of modifications employers must provide or accommodate include:
- Modifications to the work environment, including workspace and dress code
- Schedule adjustments and flexibility
- Leave
- Temporary reassignment
- Telework
- Lactation accommodations
State-Level Protections
Depending on where you live, your state laws might exceed federal minimums for nursing mothers. The PUMP Act requires employers to comply with the more stringent requirements. Additional protections can include the following:
- Compensated break time
- Specific features for lactation spaces
- Protections that extend beyond one year
- Businesses smaller than 15 employees to provide lactation accommodations
To best understand your state’s laws, check with the following resources:
- Your state’s Department of Public Health
- State or local breastfeeding coalitions
- U.S. Breastfeeding Committee (USBC)
- U.S. Department of Labor (DOL)
- Office on Women’s Health
- Center for WorkLife Law
Your Rights as a Nursing Employee
Time and Space Requirements
Breastfeeding is a highly personal experience, varying widely from one mother to the next. Therefore, federal law does not define a specific time for daily breaks to nurse and pump and the frequency of breaks depends on personal necessity. Most nursing mothers take two to three breaks during an eight-hour work day.
A non-bathroom space, shielded from view and free from intrusion and coworkers, must be provided. It should be a functional space, allowing women to sit down and place supplies nearby. Ideally, employers will provide a nursing room that also has running water and a fridge. Examples of spaces that work well include a vacant office with a lockable door or a storage room with dividers. For those who work from home, employers must allow for non-video communication while the employee is nursing or pumping.
Protection from Discrimination
Both the PUMP Act and PWFA provide extensive protections for nursing mothers while at work, including prohibiting employers from retaliating against employees who exercise their rights under these laws. These laws set forth that women who are nursing be treated as an equal employee, and should never be discriminated against for actions that result from pregnancy or new motherhood.
If you feel you are being discriminated against, or that your employer is not meeting federal standards, it’s critical to document your experience in the case you pursue legal action.
- Keep a detailed log of the discrimination, including date, time and location.
- If other employees witness the discrimination, include their names.
- Describe what happened in detail, including actions and discriminatory remarks, and make sure to be neutral in your descriptions to avoid implications of bias.
- Document your actions in response to the incident.
- Gather supporting evidence, including emails, text messages and voicemails that demonstrate the behavior.
- Keep performance evaluations, promotion records and pay history that supports claims of discrimination.
- If you file a report with your employer’s HR department, make sure to keep a copy.
- If other witnesses are involved, get their contact information.
When you report the incident, first talk with your internal HR department. If you need external support, you can turn to the Equal Employment Opportunity Commission (EEOC), your state labor department or civil rights agency or the U.S. Department of Labor. It’s wise to secure legal counsel if you pursue action beyond your company’s internal reporting.
Employer Accommodations
If you’re an employer who wants to create a safe space that aligns with the needs of new mothers, there are some important steps you can take and policies you can put in place. This helps employees throughout the first year of motherhood, but it also nurtures a work culture that empowers women’s rights, encourages talent retention and embraces a healthy work-life balance.
- Invest in refrigeration for breast milk.
- Allow for flexible work arrangements for new mothers.
- Modify an employee’s duties when it’s necessary to allow for a work environment more conducive to the demands of being a new mom.
Employer Responsibilities and Compliance
As an employer, it’s important to establish protocols and policies that meet federal law standards and provide department heads and employees with clear guidelines within the workplace. Employers should:
- Create written lactation policies
- Train supervisors and HR personnel on these policies
- Provide appropriate facilities and support for breastfeeding mothers
- Handle employee accommodation requests
Practical Tips for Success
As an employee who is juggling the demands of work, pregnancy and then a new baby, it’s important to understand what your company and state allow for. Make sure to read and understand your company’s existing policies. Balance legal rights with workplace relationships, ensuring you maintain positive employer and co-worker connections without surrendering the time, space and support to which you’re entitled.
Employers are increasingly recognizing the value in incorporating family-friendly policies, spaces and practices into their company culture. These efforts can have tremendously positive ROI, helping employers retain valuable skillsets, knowledge and dedicated employees, avoiding legal costs and the time and effort required to hire and train new workers.
Conclusion
Navigating the first year of being a nursing mother while balancing a baby’s health, work and life is a challenge. It’s important to know your breastfeeding-at-work rights and establish a schedule that works for your body while you manage your workload. If you’re not a mother yet but hope to be, consider looking at employment options that accommodate new moms. If you’ve been at your company for a while and love your job but feel there’s room for improvement when it comes to allowing nursing and breastmilk storage at work, talk with your employer or your organization’s HR department. Ultimately, being a new parent is the hardest job there is. Finding a work-life balance that elevates your rights and your productivity is a win-win.
