CG Legal Protections for Breastfeeding Mothers at Work -

Legal Protections for Breastfeeding Mothers at Work

More than 1 in 4 employees do not feel supported at work as a breastfeeding parent, and 53% are not sure of their workplace lactation rights.¹ Working mothers who breastfeed face unique challenges, but various legal protections are in place to support them.

Below are key legislation that protects and supports breastfeeding mothers at work:

The Fair Labor Standards Act (FLSA) states that employers are required to provide reasonable break time (not a fixed duration but flexible time based on the individual’s needs) for an employee to express breast milk for their child for one year after the child’s birth. Additionally, employers must provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act expanded rights to more employees, including those previously excluded, such as agricultural workers and teachers.² The PUMP Act mandates that employers provide a functional space for expressing breast milk and reasonable break times.²
The Pregnant Workers Fairness Act (PWFA) makes sure that pregnant workers, including those who are breastfeeding, get the support they need at work. Under the PWFA, covered employers must make reasonable accommodations for qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions.³
Many states have enacted laws that provide further support for breastfeeding mothers. These state laws often offer more comprehensive protections, such as extended break times and additional privacy requirements.^4,5

Positive Impact of Workplace Support on Breastfeeding Practices

Peer-reviewed research highlights the positive impact of workplace interventions on breastfeeding practices. A systematic review found that workplace interventions, such as designated lactation spaces and break times for milk expression, significantly improved breastfeeding duration and exclusivity among working mothers.⁶ Other researchers found a strong correlation between returning to work and breastfeeding cessation, highlighting the critical role of workplace support in maintaining breastfeeding practices.⁷

What Can I Do Before Returning to Work?

Talk with your employer about expressing breast milk during work hours before returning to work, so you both have a plan in place. This conversation may also include returning to work with flexible hours and days. For moms who work virtually and/or remote, employers must provide reasonable break time for expressing milk. In addition, employers cannot monitor a remote employee through video cameras or other surveillance methods.⁸ Talk with your employer about:⁹

Where is there a private, non-bathroom space to express my milk?
Where can my breast milk be stored (e.g., refrigerator or insulated cooler)?
Where can I wash my breast parts?
What times are best for me to express my milk? Discuss with your employer your baby’s current feeding schedule, and how to mimic this best with pumping.

What If I Have Questions?

If you are interested in learning more, this Aeroflow class expands on some of the topics discussed above:

Navigating Maternity Leave

To register for this class, log into your portal or click here.

Want More Info?

For a directory of Aeroflow’s other Care Guides offering information on pregnancy, baby care, and more, browse our comprehensive list of titles:

https://www.hersourcehealth.com/aeroflow-care-guides/ ‎

Our classes and accompanying materials are intended for general education purposes and should not replace medical evaluation or consultation. Please seek advice from your own healthcare providers for individualized recommendations.

References