Workplace Lactation Policies: Writing + Implementation
A one-stop-shop for everything employers and employees need to know about workplace lactation policies to comply with legislation and boost breastfeeding support.
What is a lactation policy?
A lactation policy is a written document outlining the legal right of breastfeeding employees to break time and a private, non-bathroom space to pump at work. Also called a lactation accommodation policy or a breastfeeding policy, it ensures compliance with federal and state laws while supporting breastfeeding employees. In addition, a lactation policy clearly states the number of available lactation accommodations at an organization, the process by which employees request access to lactation spaces, and how the organization is complying with any additional state law requirements. An effective lactation policy clarifies expectations across an organization, demonstrates legal compliance, and celebrates support for employees’ families. This formal documentation drives actual implementation and reinforcement of practices that support breastfeeding parents in the workplace and help shift cultural norms.
How does a lactation accommodation differ from a lactation accommodation policy?
A lactation accommodation refers to both the private space dedicated to pumping breast milk or breastfeeding a baby, as well as the accommodations (such as the legal right to break time to pump) that employers need to provide their employees who need to express breast milk at work. Accommodations can be lactation rooms (often called Mothers’ Rooms, Nursing Rooms, Breastfeeding Rooms) or freestanding lactation pods (Mamava has a product line of pods designed for a range of facility sizes and needs). Federal labor law requires that employers provide a lactation space for breastfeeding employees. A lactation policy refers to the actual process established and documented by an organization to govern the proper usage of the lactation space. As with any workplace policy, having it in writing, and approved by stakeholders, is best practice to ensure an efficient and effective workplace lactation support program.
Legal requirements of workplace lactation policies
Providing breastfeeding employees with a lactation space and time to pump at work is required by the federal PUMP for Nursing Mothers Act. But many states have legislation that exceeds the PUMP Act, including: stipulating more requirements for lactation spaces (Connecticut state law, for example, mandates that workplace lactation spaces must have an electrical outlet and be near a refrigerator so employees can store breast milk), extending the protections beyond one year (including Colorado, Maine, and New York), or requiring lactation accommodation for specific non-working people (e.g. students, incarcerated women, etc.)
In 2019, California passed a workplace lactation law that, in addition to outlining standards for lactation spaces, specifically requires employers to develop and implement a written lactation accommodation policy. While not specifically mandated by the federal PUMP Act, it’s best practice for workplaces to put their policy and protocols in writing.
Key elements of a lactation policy
The following are essential elements of best-practices workplace lactation policies. In addition to these elements, it’s important to consider your organization’s culture, facility space, and internal resources when creating a lactation policy to fit your specific needs.
Statement of support for breastfeeding: An acknowledgement of breastfeeding health benefits and a statement of support for your breastfeeding employees.
Eligibility: Who the policy applies to (all breastfeeding employees).
Federal and state legal requirements: Information about a nursing mother’s right to time and space to express milk at work, as well as any relevant state or municipal legislation.
Break time: The law stipulates "reasonable" break time rather than a set amount of time. Breastfeeding parents need to pump every few hours for 20-30 minutes, but they also need time to get to and from the space, set up a breast pump, and clean up. It's unadvisable to put constraints on what break time is given the individual nature of pumping.
Available lactation spaces: Requirements for a lactation space (private and not a bathroom), as well as a list of all available lactation spaces in your facility and any additional amenities breastfeeding employees can expect (e.g. sanitizing wipes, access to a fridge to store pumped breast milk, a hospital-grade pump, etc.).
Storage options: Guidelines for storing breast milk in workplace refrigerators or personal coolers.
Access protocol: Guidelines on how the space is to be used (solely for expressing milk, etc.), and by whom, as well as a clear protocol for how breastfeeding employees will request access to the space (who they will contact, how it will be unlocked etc.), and timeline for making requests.
Flexibility + communication: Encourage an open dialogue between employees, supervisors, and HR leaders. Develop a communication plan for how your organization will inform current and future employees (all employees, not just those who are breastfeeding) about lactation accommodations and policies.
Guidelines for remote employees: How the policy applies to employees when they work remotely or need to travel for work.
Sample lactation policies
The U.S. Department of Health and Human Services
The Office on Women’s Health provides a template for a two-page workplace lactation policy that includes a section for employer responsibility and a section for employee responsibility.
California’s Department of Public Health
To support California’s comprehensive workplace lactation law, California’s Department of Public Health provides an infographic as a model workplace lactation policy that includes relevant state statistics and outcomes.
New York City
NYC has comprehensive lactation legislation that includes providing a workplace lactation policy. They offer three different models to use, depending on the space an organization has:
A lactation policy for companies with a dedicated lactation space
A policy for workplaces that don’t have a dedicated lactation space but are using a multi-purpose space—other than a restroom—such as a conference room, a wellness room, etc.
A policy for workplaces without lactation spaces
How to write a lactation policy
Review and understand legal requirements (federal and state) for workplace lactation accommodations.
Assess your organization’s resources (dedicated lactation room(s), flexible scheduling, storage options) and be sure to provide the essential elements of a lactation space mentioned above.
Draft clear guidelines using structured policy language for easy reference.
Incorporate feedback (involve HR, legal, and employees in policy review).
Communicate the policy by including it in employee handbooks, onboarding materials, and internal communication channels.
Best practices for implementing a lactation policy
As with any other workplace policy, a lactation policy needs to be socialized with the entire organization, updated regularly, and included in any new onboarding.
Educate all managers and employees about the policy (not just those who are breastfeeding)
Ensure that both the policy and the accommodations are accessible for all employee
Schedule annual reviews of the policy to ensure your organization is in compliance with any new workplace lactation laws.
Having a written lactation accommodation policy is essential to supporting breastfeeding employees. The more leaders in an organization understand the logistics of pumping, they more they can help create an inclusive culture that truly supports breastfeeding.
Need a workplace lactation space that works for facilities? Mamava’s easy-to-move mobile lactation pods are an easy way to comply with lactation laws and support breastfeeding employees.