Are Breastfeeding Workers Protected by Law?
Your employer is required by the PUMP Act/Break Time for Nursing Mothers Law to provide you with as-needed break time to express milk and a space that is not a bathroom where you can express milk in private. This must be provided until your baby is one year old.
Under the national Pregnant Workers Fairness Act, if you work for an employer with 15 or more employees, you have a right to reasonable workplace changes for lactation and other pregnancy-related conditions. These changes, called “reasonable accommodations,” can include things like avoiding toxic chemicals, scheduling changes, and permission to leave work to nurse your child directly. The law can also give workers a right to workplace lactation breaks and space beyond one year after birth.
Nationwide law bans discrimination against lactating workers, and you may also have other rights at work under state and local law. Read on to learn more.
Thinking about how to talk to your boss about pumping breaks, private space, or other breastfeeding accommodations? Learn about your legal rights and view practical tips created by WorkLife Law and A Better Balance. Click on your state below or view our national guide.
Resources are available in Spanish, here. Need more information or guides in other languages? Contact us!
Contact WorkLife Law’s free legal helpline to speak to a lawyer about your rights.
Check out our guide Are Pumping Breaks Paid or Unpaid? for information about your lactation rights at work.
Nearly all transportation workers are covered by the PUMP Act, but special rules apply to certain employees. Check out our guide PUMP Act Protections for Transportation Workers to learn more.
More tools to help you request lactation breaks and space
Employers are required to give you lactation breaks and space–but asking for them isn’t always easy. If you need additional support to help you get the lactation breaks and private space you need, these resources can help:
Lactation break and space request: Workers are not required to ask for lactation breaks in writing, but it can be helpful. If you would like help asking for lactation breaks and space, our sample request can help. It contains the key information employers might need, and also informs your employer of the legal requirements.
Healthcare provider note: Your employer is not allowed to demand that you turn in a doctor’s note just for you to get lactation breaks and space. That said, some workers feel more supported when they have a note from their care provider. If you would like a note to help educate your employer about your lactation needs, you may want to give our template to your healthcare provider to fill in. If you need more complicated changes beyond breaks and space, you could also share this guidance with your care provider.
Need lactation space ideas? Check out Supporting Nursing Moms At Work: Employer Solutions, an industry-specific guide from the U.S. Department of Health and Human Services about how to find or create private space in your own working environment.
