Know Your Rights: How the FLSA Protects Breastfeeding Employees

Workplace lactation accommodation laws, like lots of laws, aren’t always easy to decipher. But understanding your rights as a working breastfeeding parent shouldn’t be rocket science.

Here, we unpack the legal protections of the federal Fair Labor Standards Act (FLSA) PUMP for Nursing Mothers Act for breastfeeding parents so you can better advocate for lactation rights at work. Be sure to check your state’s laws too because many states have lactation accommodation laws that exceed the PUMP Act. Employers must follow the law that provides the greater protection.

What is the FLSA and what does it mean for breastfeeding moms?

The FLSA is the federal labor law that outlines—and protects!—the rights of working Americans, including minimum wage and overtime pay. In 2022, the FLSA was amended to include the PUMP Act which granted workplace lactation accommodation rights to all breastfeeding employees (In 2010, as part of the Affordable Care Act of 2010, section 7(r) of the FLSA was amended to include “Break Time for Nursing Mothers” but this law only applied to non-exempt (i.e. hourly) employees.) The updated FLSA law now applies to all employees and requires employers to provide “reasonable” break time, a private lactation space that’s not a bathroom, and the right to express milk at work for one year after the birth of a child.

Who’s covered under the FLSA?

The updated FLSA PUMP Act protects all breastfeeding employees (with the exception of airline pilots and flight attendants.)

What’s “reasonable” break time?

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

Are pumping breaks paid breaks?

According to the FLSA, if an employee is not completely relieved of their duties while pumping, then that time should count as hours worked and be compensated accordingly. If employers already offer paid breaks, breastfeeding employees who pump on their breaks must be compensated in the same way that other employees are compensated for their break time.

What are the requirements for lactation spaces?

The only requirement in the FLSA is that the lactation accommodation cannot be a bathroom and must be “free from intrusion and view.” (Most interpret this to mean a door with a lock—but that’s not clearly defined.)

Do all employers need to comply with this law?

If a company has 50 or fewer employees and complying with the law constitutes a financial “hardship” to the employer, the lactation accommodation requirements can be waived. The burden of proof, however, is on the employer to demonstrate that enforcement of the law would cause “undue hardship.” For more information see the U.S. Department of Labor’s fact sheet.

Mamava designs solutions to empower breastfeeding and pumping parents on the go, like our freestanding lactation pods, Mamava’s lactation space locator app, and other helpful resources.

CTA blog