How to Write a Workplace Lactation Accommodation Policy
Providing breastfeeding employees with a lactation space and time to pump at work is required by the federal Fair Labor Standards Act (FLSA) PUMP for Nursing Mothers Act.
While federal law requires employers to provide reasonable break time and a private (non-bathroom) lactation space at work for all breastfeeding employees, many states have legislation that exceeds the federal protections. For example, California passed a workplace lactation law that, in addition to outlining standards for lactation spaces, requires employers to develop and implement a lactation accommodation policy.
An effective lactation accommodation policy clarifies expectations across an organization, demonstrates legal compliance, and celebrates support for employees’ families. The result? Actual implementation and reinforcement of practices that support breastfeeding parents in the workplace and help shift cultural norms.
Key components of a lactation accommodation policy
We’ve scoured the internet to identify the essential components of the best lactation accommodation policies. They should, of course, be tailored to fit your company’s culture and internal resources:
A statement of support for your breastfeeding employees
Information about a nursing employee’s right to time and space to express milk at work, as well as any relevant state or municipal legislation
A clear protocol for how breastfeeding employees will request access to the space (who they will contact, how it will be accessed, etc.), as well as the timeline for making requests
A communication plan for how you will inform current and future employees about lactation accommodations and policies. (E.g. policy will be printed in employee manuals, onboarding materials, shared in relevant office communication channels, etc.)
Guidelines on how the space is to be used (solely for expressing milk, etc.), and by whom
Model lactation accommodation policies
The U.S. Department of Health and Human Services
The Office on Women’s Health provides a two-page template called “Policy for Supporting Breastfeeding Employees” that includes a section for employer responsibility and a section for employee responsibility.
New York
New York State’s Department of Labor has a comprehensive guide to pumping at work laws (including guidance to help employers with a lactation accommodation policy).
Thanks to comprehensive lactation legislation that includes providing a lactation accommodation policy, New York City provides three different lactation accommodation models to use—all downloadable PDFs, depending on the space an organization has:
1) A lactation policy for companies with a dedicated lactation space
2) A policy for workplaces that don’t have a dedicated lactation space but are using a multi-purpose space—other than a restroom—such as a conference room or a wellness room
3) A policy for workplaces without lactation spaces
San Francisco
San Francisco has long been at the forefront of comprehensive workplace lactation support for all breastfeeding employees, so their policy is a gold-standard model available as a downloadable PDF. (Their policy includes the stringent requirements of lactation spaces outlined by the Lactation in the Workplace Ordinance).
California’s Department of Public Health
California’s Department of Public Health provides an infographic as a model workplace lactation policy that includes relevant state statistics and outcomes.
Having a written lactation accommodation policy is essential to supporting breastfeeding employees. The more leaders in an organization understand the logistics of pumping, they more they can help create an inclusive culture that truly supports breastfeeding (e.g. avoiding back-to-back meetings so parents can schedule pumping breaks).
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.
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