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
Comments & Chitchat
My daughter works at an assisted living facility in Ohio. She just started. Her child is 8 weeks old. They originally had her sitting in a public, high traffic break room to pump. I explained that they needed to provide her a private space. She went in to work to inform them of this and they directed her to a bathroom with no additional seating (except the toilet). And even then, the toilet was too far away from the plug so she ended up standing for the entire time she was pumping. I told her they had to offer her some place that was NOT a bathroom. They are now telling her that her pumping time has to also be her lunch time which means that she would be eating her lunch in the bathroom….if she were to continue the process how they have suggested. I have to imagine that this is not right. Can you please confirm for her? Thank you!
Hi Misty! If she is not exempt from the Fair Labor Standards Act (usually this means she would be paid hourly and not salary, but there are other factors), they are in violation and she should call the Dept of Labor at 866-487-9243. I’m so sorry this is happening to her!
Hi,
Thank you for all this helpful information. It does appear that some of the links are broken or lead to pages not found. Could you comb through and update the links please?
I found one broken link and updated it, if you see any others please let me know which ones!
What if my job is setting a time limit on how long I can pump? Are they allowed to do that or is there anything I can do?
Hi Patricia! Per federal law, the law requires “reasonable” breaks but doesn’t specify what reasonable means. You might want to check your state’s laws to see if there is anything more specific. How much time are they giving you?
I can’t pump. My daughter has a formula intolerance and is exclusively breastfed. When I try to pump I get maybe an ounce even when I’m engorged. My daughter is 4 months old and I live in Wisconsin. I’ve worked remotely primarily for 2 years. Do they have to accommodate a remote request while i work through pumping issues? My job is saying no which means I’ll have to quit or starve my baby.
Hi Sheri, I’m so sorry! I was looking through the WI breastfeeding coalition site and I don’t see that they would have to accommodate a remote request. Here it is, in case you wanted to look:
https://www.wibreastfeeding.com/advocacy/laws/
I’m so sorry you’re dealing with this and I wish I could be more helpful!
Hello,
I work in a hospital
In VA and my son will be 1 soon. He has FPIES and allergies to certain foods. We are having trouble getting him to start solids and he is in occupational therapy. Breastmilk is his main source of food. Are there any laws to
Protect me after he turns 1 to keep
Pumping ?
Hi Beezy! My reading of the VA lactation law protects mothers for up to a year. However, I found this email address that you can maybe ask? [email protected] Hope this helps!
I work at a hospital in PA doing 12 1/2hr shifts. With my position, everyone is entitled to 2 15min breaks and 1 30min lunch break. I have been doing 3 20min breaks because I cannot pump, bag, and clean my pump parts in 15min. That would literally require me to pump for less than 10 min at a time. I was told that since my baby just turned 1 that I now have to adhere to the 2 15min breaks and 1 30min lunch break. Either way, I’m still taking the same amount of time as everyone else. I am going almost 5hrs in between pumps when my baby eats every 3hrs yet. In the guidelines it says that it will allow me a reasonable amount of time to pump until my baby is 1yr old. Is this right?? Can they seriously report me to HR for this?
Hi Brenae! I think under the law, they can, unfortunately. Federal law only protects up to a year and PA doesn’t have any protection laws that I can find. I’m so sorry that you’re dealing with this!
I know this post is a few months old but my sister just had a baby a recently returned to work. She is working 3 days a weeks. Until recently this schedule has worked for her and her employer. Her employer recently asked that she work more hours and she denied saying that as long as her son is breastfeeding she will only work 3 days. Now they have told her that she needs to pump on her own time and she feels it is because they think if she cant pump at work she will have to stop breastfeeding and return to work full time. She works in an assisted living facility, she takes 3 20 minute breaks a day to pump. Today the rearrange employees to leave her on the floor by herself so she cant take any breaks. They told her they have made accommodations for her for this long and she needs to step up and get back to work.
Oh I’m so sorry she’s dealing with that? Is she non-exempt from the Fair Labor Standards Act?
I work at a gas station in Kentucky and am close to quitting my job because they don’t allow me ample breaks to pump. My baby is almost 2 months old and they are scheduling me by myself for 4-5. He is exclusively breastfed and usually eats every 2 hours. I’m worried me having to wait 4-5 hours to pump will hinder my milk production. By the time someone gets there to relieve me it takes up to an hour to pump out my breasts! I’m so swollen and in pain by that point I’m usually crying. They want to say it’s because we are short staffed but we have plenty of people working part time that it shouldn’t be an issue to schedule them. Should I just quit? I’m worried if I wait it out I will need to take legal action against them if my milk supply were to dry up but I’m unsure of the laws in my state.
Hi Autumn! I am so sorry that they are doing this. They are legally required to give you “reasonable” breaks to pump, but the law doesn’t specify what reasonable means. However, 4-5 hours is definitely pushing it. You could maybe call the department of labor to ask and/or file a complaint? Here is the info with the number:
https://www.dol.gov/agencies/whd/contact/complaints
I am having some issues too I was pumping in an office for a couple months till one day management decided to move me to other office . It turned out that the office they told me to pump in has a camera all along. I am so upset about this and can’t believe they would do this to me. I just don’t know what to do now
Oh my gosh Sara! I’m so sorry!
Me and my coworker were pregnant and went on maternity leave at the same time. Mind you we were in the same and only department in our office. Today our supervisor asked that we make up a schedule so that we are not pumping at the same time. I found that completely unprofessional and a bit discriminating. We dont have patients stacking up in the lobby waiting for us. Can I have peoples opinion on this? I honestly feel in complete shock. She has now taken it upon herself to basically control when I pump and when I shouldnt.
hi, I’m in the state of CA and am asking for a colleague. If she is an exempt employee, is it legal for her employer to request that she stays overtime to “make up” for the pumping breaks?
thank you.
I would like to know this as well because I am dealing with the same issue
When I requested a room to pump in (colorado) my manager literally laughed in my face and suggested the car bay, (has windows, running cars, employees working and customers waiting). My onlynresoursenwas to pump in my car in daylight with customers stopping, looking and pointing, I’m sure there is a picture of my annoyed face slumped over hiding my body on someone’s timeline photos. Dont ever work for bestbuy.
So sorry that happened to you!
I live in Indiana and have thus far been allowed two 30 minute sessions to pump for my twins at work but just today my work stopped giving me coverage for one of my pumping breaks (I need coverage because I’m a teacher). I feel very cheated about this and am worried it could cause my supply to go down.
I am from CA n I work for a company that gives us 3-4 30 min breaks throughout the 8hr shift. Now that I’m pumping, I was told to use 3 out of the 4 breaks to pump. That means I barely have time to eat or drink either bcuz I can’t bring food in the bf room. So if I’m not pumping I get all 3-4 full 30 min breaks but if I’m pumping then I get no breaks n I have to starve til I use the one 30 min to eat. I feel so unfair bcuz I produce a lot of milk n sometimes I have to cut it short bcuz I’m so hungry. I am stressed n in pain constantly from engorge breast. What can I do about this especially I’m an exempt employee?
I started working june 25 and a mom of an exclusively bf baby that was 6 month old. After getting the job i let my new boss know i was bf and when my first day came to pump she took a key and walked me outside to a 4 stall bathroom. She said i know this isnt the ideal place but this will have to do. The only outlet in this bathroom was RIGHT next to the door. At that time i was only pumping on breaks and lunch bcuz i didnt want to be a problem. My best friend and daughters gid mother was my supervisor i explained how i needed 5 morni g minutes to pump all my milk and clean up and put the milk away. She let our boss know and she said well she has 2 15 min breaks and a 30 minute lunch make it work. Back to lunch, yes i would have to eat my food in the bathroom while ppl were doing their business. The door shuts slowly and then last minute slams so i lost 2 of my jimmy john subs bcuz they flew in the sink. It took a month of working there and my milk dried up. This was hard and emotional as i am the first to bf and my goal was to make it until my baby was a year. Everyone keeps tellingme that i should sue as she knew the laws when putting me the bathroom the first place. Other workers from the other suites, customers, and clients would come in and would say oh my, oh im sorry, they have you in here. Some would bring their young boys in. Not to mention the men, women,children walking by to get to their destination and someone would be opening the door and they would see. What should i do and it has since been a year.
Hi Heather! Are you in the US, and if so, what state are you in? I’m sooooo sorry this is happening!