Understanding Federal Protections for Breastfeeding Employees
Workplaces have evolved to become more inclusive and equitable for breastfeeding employees, thanks to public policy like the 2022 Fair Labor Standards Act (FLSA) PUMP for Nursing Mothers Act that requires all employers to provide a private lactation space to pump breast milk at work.
The more employers understand the legal protections working breastfeeding employees have under the FLSA, the better support they can provide. In some cases, states have more stringent workplace lactation accommodation laws, and employers are required to comply with the law that provides the greater protection, so be sure to check state laws.
What is the FLSA PUMP Act and what does it mean for employers?
The federal FLSA PUMP Act requires employers to provide breastfeeding employees with “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 2022 FLSA PUMP Act extended workplace protections to all breastfeeding employees. Exemptions do exist for employers with 50 or fewer employees (the burden of proof for demonstrating compliance would be a “hardship” is on employers.) The PUMP Act exempts 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 parents 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 personal circumstances.
Are pumping breaks paid breaks?
According to the FLSA, if an employee is not relieved of duties while pumping, then breaks to express milk should be considered “hours worked.” If an employer already offers 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 federal breastfeeding laws at work stipulates that the lactation accommodation cannot be a bathroom and must be “free from intrusion and view.” (A locking door is best practice, but the law leaves open other options.) It is important for workplaces to understand the law and be compliant with both federal and state lactation policy.
Do all employers need to comply with this law?
Employers are expected to comply with the law, but those with 50 or fewer employees can be exempt if they can prove that the requirements would constitute an “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.
More resources
