Workplace Lactation Accommodation Laws in the U.S.


Federal law now protects all breastfeeding employees in the workplace.* In December 2022, the federal Fair Labor Standards Act (FLSA) was amended as part of the federal omnibus bill. The new law, Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, requires employers to provide all breastfeeding employees with reasonable break time and a private lactation space that is not a bathroom. Many states have equal or greater workplace protections for breastfeeding employees.

The Federal PUMP Act:

  1. Covers all breastfeeding employees

    The PUMP Act extends coverage to ~9 million more women of childbearing age and protects all employees for one year following the birth of a child.* Many employees who were not previously covered by the 2010 federal law Break Time for Nursing Mothers are now covered by the PUMP Act, including salaried workers, healthcare workers, teachers, and agricultural workers, among others.

    2. Provides reasonable break time

The law does not specify the amount of break time. Some breastfeeding employees need 15 minutes, but others may need 30 minutes or more. Some parents might only pump twice a day, while others might pump four times. “Reasonable” break time makes accommodation for variations in biology.

3. Defines a private space

The workplace lactation accommodation cannot be a bathroom and must be free from intrusion and shielded from view (including security cameras).

4. Clarifies compensation

If an employee is still working, any break time spent pumping should be considered hours worked and compensated accordingly. 

5. Makes exemptions for certain employers

If a company has 50 or fewer employees and compliance constitutes a “hardship” to the employer, the requirements can be waived. The burden of proof, however, is on the employer to show that enforcement of the law would cause “undue hardship.”

6. Includes the right to sue

The PUMP Act grants breastfeeding employees the right to file a lawsuit against their employer for non-compliance. Prior to making a claim against an employer, breastfeeding employees are required to notify them that they’re not in compliance. The employer then has 10 days to comply. (Note: Employees are not required to give employers 10 days to report non-space violations such as harassment or violations of break time.) Legal remedies may include employment, reinstatement, promotion, and/or monetary damages such as lost wages, emotional distress, attorneys’ fees, and lawsuit costs. 

*Airline pilots and flight attendants are not currently covered by the PUMP Act.

 

The lactation space experts at Mamava have created

an at-a-glance guide to the PUMP Act. 

 

State workplace lactation laws

Every state protects the right to breastfeed in public, and many states (as well as The District of Columbia and Puerto Rico) already have laws that protect workplace lactation accommodation rights. Some state laws offer even greater protections, such as extending lactation accommodations beyond just one year, mandating breastfeeding protections for specific populations (e.g. incarcerated mothers), or stipulating breastfeeding protections for specific locations (e.g. schools). Employers are required to follow the law (federal or state) that provides greater protections.