Going back to work after having a baby can be hard, and it can be even more challenging when you’re nervous about how you’ll manage pumping at work. Here is what you need to know about pumping at work laws, and how to find out your legal rights for pumping at work.
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(Note: This post is specific to the United States, where employees tend to have shorter maternity leaves than elsewhere in the world.)
You may have legal protections under federal law and/or state law. If you are covered by more than one law, your employer must comply with both.
For example, if federal law requires your employer to provide you with a place to pump for one year and your state law requires this for two years, your employer would need to provide the space for two years to meet both requirements.
Let’s start with federal laws.
United States federal pumping at work laws
Two federal laws provide protections for workers to pump breast milk while at work.
The first law, Break Time for Nursing Mothers, was passed in 2010 as part of the Affordable Care Act. The PUMP (Provide Urgent Maternal Protections) Act updated the original law in 2022, expanding the number of workers covered.
These laws require employers to provide two things for any covered breastfeeding employee:
- Break time to pump, and
- A space to pump that is not a bathroom.
Who is covered by federal pumping at work laws?
Almost all workers are covered by current federal law. Possible exceptions include:
- Employers with under 50 employees can seek an exemption from the law if they can demonstrate that providing the pumping breaks would cause an “undue hardship.” Undue hardship exceptions are rare; in most situations, employers must comply with the law.
- Airline crew members, such as pilots and flight attendants, are not covered.
- Certain rail carrier employees are covered by the law, but there are some differences in how the law is applied. More information here.
The law applies to covered employees until their baby reaches one year of age.
What does federal law require?
Here are your pumping rights at work under federal law.
“Reasonable” break time
The law requires that employers give lactating mothers “reasonable break time” to express breast milk.
The law does not define any specifics around what “reasonable” means, but the United States Breastfeeding Committee has some guidance for employers that may be useful.
Employers are not required to pay you for pumping breaks, with two caveats.
- If your workplace would otherwise give you a compensated break, they still have to compensate you if you choose to use your break to pump. (If you’re given a paid lunch break, and you choose to pump at lunch, they must compensate you for this time.)
- If you work during your pumping time at all (if you are not “completely relieved from duty” during the full pumping break), you must be paid.
Location to pump
The other thing that the law requires is a place “shielded from view” and “free from intrusion” for workers to pump. It cannot be a bathroom.
The lactation space does not need to be a permanent space, and there does not need to be a space designated if there are currently no breastfeeding employees.
What if my employer isn’t complying with the law?
You have a few options if your employer will not provide you with pumping breaks and a lactation space as required by federal law.
1. File a complaint with the Department of Labor
If the law applies to you and your employer refuses to comply with it, you can contact the Department of Labor at 866-487-9243.
More information is available here.
2. File a lawsuit
You can also file a lawsuit against your employer if these requirements are not met.
You must notify your employer of the violations and give them 10 days to come into compliance with the lactation space requirement before filing suit.
State pumping at work laws
The pumping at work laws in your state may offer protection in addition to the federal law. Again, if you’re covered by both state and federal law, your employer must meet the requirements of both laws.
To find the law in your state, go to the website for the breastfeeding coalition of your state. Most coalitions have all of the state’s breastfeeding laws listed for you to review.
Here is an example.
State Law Example – Illinois
Illinois, where I live, also requires employers to provide “reasonable” break time for breastfeeding mothers to express breast milk for their children for one year. These breaks must be paid.
Employers must also make “reasonable efforts” to provide a private location for employees to pump, other than a toilet stall.
So in the case of my state, I have more protections for break time, as my employer is not only required to give me reasonable breaks, but the breaks have to be paid.
On the other hand, federal law provides more protections for lactation space that Illinois state law does. Illinois law states that a space must be provided that is not a toilet stall, while federal law goes further in specifying that it must not be a bathroom, must be shielded from view, and must be free from intrusion. It also only requires a “reasonable effort” must be made, versus demonstrating that it would cause an “undue hardship.”
An employee covered by the federal and Illinois state law would be entitled to the following protections under both laws:
- Reasonable, paid breaks as required under Illinois law, and
- A location to pump that is shielded from view and free from intrusion that is not a bathroom under the federal law.
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What to do before you go on maternity leave
So now that you know your pumping at work rights, what should you do to prepare?
Here are three things that you should do before you go on maternity leave (if possible) to make sure you’ll be all set to pump at work.
1. Come up with a plan
Come up with a general plan for pumping that fits your work schedule.
In a standard 8 hour work day, many people will need to pump about 3 times for 15-20 minutes each (20-25 minutes including set up and clean up).
In some professions, like teaching and nursing, this may be challenging, so figure out what you can manage. More on this here.
2. Find out where you’ll be pumping
If there is an existing lactation space, confirm whether you need to request access. It’s also a good idea to find out if there is a reservation system if there are multiple pumping moms. (We used an Outlook calendar to reserve times at my office.)
If no lactation space exists, raise this with your company so they have time to find one and ensure the door has a lock.
3. Talk to your manager
Finally, it’s a good idea to talk to your manager so that they are aware of what you’ll need, and you can work out any outstanding issues ahead of time.
Can you pump at work if you don’t have legal protections?
It may be worth talking to your manager and seeing if they will allow you to take the pumping breaks that you need, even if you’re not covered by any applicable laws.
If breaks are not an option, here are some ideas about how to make pumping at work happen.
If you’d had an issue with pumping at work and your employer, please share it in the comments!
References
- Employment Law Lookout. “Illinois Law Suddenly Requires Paid Nursing Breaks.” https://www.laborandemploymentlawcounsel.com/2018/08/illinois-law-suddenly-requires-paid-nursing-breaks/
- Illinois General Assembly. “Nursing Mothers in the Workplace Act.” https://www.govtrack.us/congress/bills/117/hr3110/summary
- U.S. Department of Labor. “Section 7(r) of the Fair Labor Standards Act – Break Time for Nursing Mothers Provision.” https://www.dol.gov/whd/nursingmothers/Sec7rFLSA_btnm.htm
- U.S. Department of Labor. “Break Time for Working Mothers.” https://www.dol.gov/whd/nursingmothers/
- United States Breastfeeding Committee. “How Much Time is ‘Reasonable’?” https://www.womenshealth.gov/supporting-nursing-moms-work/break-time-and-private-space/time-breaks
- United States Breastfeeding Committee. “The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act.” https://www.usbreastfeeding.org/pump-act.html