Employer Obligations for Nursing Mothers: Understanding Workplace Breastfeeding Rights and Accommodations

by Rrita Osmani and Alden Hey

Breastfeeding workers are entitled to specific and mandatory workplace rights and accommodations under a variety of state and federal laws. Understanding these rights is critical for both employers and employees, as violations can result in detrimental impacts on the health and wellbeing of breastfeeding employees as well as potential legal repercussions for non-complaint employers.

What Are the Federal Laws Governing Employer Obligations for Nursing Mothers?

Many rules for employers governing their obligations for their nursing employees apply nationally through various federal acts of Congress. Some common questions relating to these laws include:

Which Federal Acts Protect Nursing Mothers at Work?

Nursing mothers are federally protected under both the Fair Labor Standards Act (FLSA) and the Pregnant Workers Fairness Act (PWFA). The FLSA was amended by the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding the rights outlined in the FLSA to a greater number of nursing workers.

The FLSA is enforced by the U.S. Department of Labor’s Wage and Hour Division, while the PWFA is enforced by the Equal Employment Opportunity Commission (EEOC).

What Are the Required Lactation Breaks Under Federal Law?

Federal law dictates that most employers must provide lactating employees a reasonable amount of time (typically 20-30 minutes) per break for up to one year after their child’s birth. These breaks may be taken as frequently as the lactating employee needs to express milk.

How Must Employers Provide Lactation Spaces?

Federal law further dictates that the lactation space(s) provided must be private, shielded from view, and free from intrusion by coworkers and the public. Additionally, the lactation space(s) cannot be the bathroom within the workspace.

How Do State Laws Affect Employer Responsibilities for Nursing Mothers?

In addition to these federal laws, many states have created further laws and regulations governing pregnant employees’ rights surrounding pumping at work.

Which States Have Additional Breastfeeding Workplace Protections?

States such as New York, Georgia, Illinois, and Minnesota have mandated that employers provide paid lactation breaks. Additionally, California has removed any time limit on their protections for lactating workers after giving birth.

Recently, the Washington State Attorney General has sued Seattle Public Schools alleging discrimination against pregnant and breastfeeding employees. The Washington AG brought this case in response to conduct alleged to have violated the more expansive pregnancy and breastfeeding protections under Washington’s Healthy Starts Act including:

• Frequent, flexible, and longer bathroom breaks
• Modifying a no food or drink policy
• Sitting more frequently or providing seating
• Refraining from lifting more than 17 pounds

How Can Employers Stay Compliant with State-Specific Lactation Laws?

It is the duty and obligation of every employer to stay up to date with the evolving legal and regulatory framework surrounding employee lactation rights. This can be satisfied by researching the full collection of laws in your state, then creating, publicizing, and updating a clear written policy framework to your workforce.

What Are Common Differences Between State and Federal Requirements?

State requirements will oftentimes expand the number of workers covered under existing federal laws such as including exempt (salaried) employees. Other state laws will expand federal law or create new requirements like mandatory paid breaks for nursing mothers.

Where Can Employers and Nursing Mothers Find Legal and Community Resources?

A wealth of resources exists to inform and aid nursing mothers seeking to research their rights in the workplace or file a complaint. Provide some examples?

What Government Agencies Provide Breastfeeding Workplace Guidance?

Both the EEOC and the Wage and Hour Division of the U.S. Department of Labor (DOL) are responsible for enforcing federal guidelines. In addition to enforcement, both agencies provide clear online resources outlining your federal lactation rights at work. Find educational resources from the EEOC here and educational resources from the DOL here. If you would like to file a complaint with either agency, you can contact the EEOC here and the DOL here.

Which Non-Profit Organizations Support Nursing Mothers at Work?

The Breastfeeding Resource Center is a national organization that provides a variety of in-person services, support groups, and parenting classes to breastfeeding mothers. Another major national organization is the U.S. Breastfeeding Committee (USBC), an independent nonprofit dedicated to policy advocacy on behalf of breastfeeding mothers both in and out of the workforce.

How to Access Legal Advice for Employer Obligations?

If you believe that you may have been deprived of your legal breastfeeding rights by your employer, contacting a trusted labor lawyer can help you navigate the situation with confidence.

Miller Shah LLP is a nationally recognized law firm in employment discrimination. We are committed to helping you defend your rights and navigate the workplace with dignity.

If you are interested in a free consultation, fill out the form below and one of our experienced attorneys will reach out to you about your case.