Lactation Room Requirements for Employers
Providing a workplace lactation room for breastfeeding employees to pump is now a legal requirement for employers in the U.S. In addition to complying with labor laws, workplace lactation spaces can help improve employee satisfaction, reduce absenteeism, improve health outcomes by helping increase duration rates of breastfeeding, and serve as a physical demonstration of an organization's support for working parents. For employers unsure where to start, here are expert answers to commonly asked questions about workplace lactation accommodations.
Are there federal labor laws that mandate workplace lactation rooms?
Yes, the federal FLSA’s Providing Urgent Maternal Protections (PUMP) Act was signed into law in December 2022 and expanded the right to workplace protections for ~9 million breastfeeding employees who weren’t previously covered. Another federal law that went into effect in June of 2023, the Pregnant Worker’s Fairness Act, doesn’t stipulate anything specific about workplace lactation spaces per se, but it does require employers to provide “reasonable accommodations” for addressing “known limitations related to pregnancy, childbirth, or related medical conditions”—including lactation. In addition, many states have requirements for supporting breastfeeding workers—from extending protections beyond one year to stipulating specific features for workplace lactation spaces—and employers must follow the stronger law.
What are the federal requirements for workplace lactation rooms?
The Federal PUMP Act grants all breastfeeding employees the right to “reasonable” break time to express milk at work “each time such employee has need to express the milk” for up to one year following the birth of a child. When it comes to requirements for workplace lactation rooms, however, the law is intentionally broad to help reduce barriers to compliance. Workplace lactation rooms must be private, non-bathroom spaces that are “free from intrusion” from both coworkers and the public. Additionally, there are five states that mandate additional requirements for lactation rooms: California, Connecticut, Illinois, Massachusetts, and Mississippi.
Can a bathroom be used as a lactation room?
The federal FLSA PUMP for Nursing Mothers Act prohibits the use of a bathroom as a workplace lactation accommodation. Plus, who wants to make a meal in a toilet?
Can a storage closet be used as a lactation room?
For too long many breastfeeding employees have resorted to pumping in storage closets next to dirty mops and gallons of bleach, but they deserve better.
Can a borrowed office or an empty conference room be used as a lactation room?
Borrowing an office or conference room might work as a short-term solution, but lactation spaces are rarely a one-time scenario. Borrowing a space multiple times a day can cause unnecessary inconvenience and disrupt productivity. Workplaces need a long-term solution that’s solely dedicated to lactation, available to employees when they need it, and easily accessible.
What are the requirements for a functional lactation space?
In addition to the legal requirements outlined in the PUMP Act, the Department of Labor states that workplace lactation accommodations must be “functional” for pumping—which means having a place to sit, an outlet to plug in a breast pump, and a surface for a pump. Employers should make sure that lactation rooms are conveniently located for employees as having to travel to a far away lactation space is stressful and time consuming. It’s also helpful if lactation rooms are close to running water and a refrigerator to store pumped breast milk.
Are there hygiene and sanitation standards for lactation rooms?
The purpose of a lactation room is to ensure parents have a clean place to prepare food for their babies. As with other spaces designed for food preparation, lactation rooms need to be sanitary and easy to clean. Nonporous surfaces and nonabsorbent materials can help reduce odors and stains. Providing sanitizing wipes and sprays for breast pump parts, as well as hand sanitizer, gives extra peace of mind. Cleaning crew should include lactation rooms in all cleaning schedules.
Do you need a sink in a lactation room?
It’s complicated. The CDC warns against placing pumping parts directly in a sink due to germs and the risk of contaminating the pump. They recommend placing pump parts in a clean wash basin used only for washing infant feeding equipment. The reality, however, is that public places and workspaces don’t have dedicated sinks for pumps. So unless employees plan to bring their own wash basin to work, it can be better to forgo a sink altogether to eliminate concerns about germs, disposal of water, and the cost of fixed plumbing. In addition to providing sanitizing wipes inside the lactation space, it’s also helpful to make sure spaces are near restrooms.
Are there ADA compliance requirements for lactation rooms?
Currently, there aren’t any specific ADA compliance requirements for lactation rooms. However, employers should follow the requirements for bathrooms and ensure that at least one of their lactation spaces is wheelchair accessible. (Mamava’s largest pod, the XL, is designed to easily accommodate a wheelchair with a flush entry, 60” turnaround, and grab bars.) In the absence of formal ADA regulations for lactation rooms, however, employers need to consider how employees will hear or see alarms and other emergency messages. For example, while some sound dampening is a benefit for users of lactation spaces, total noise proofing could actually be a safety hazard. (Mamava pods are designed in accordance with the 2010 ADA Standards 215 to allow for the perception of both audible and visible alarms.)
Are there lactation room rules/guidelines and safety codes?
It’s also important for employers to be aware of how lactation rooms comply with fire codes such as fire resistant materials (Flame Spread Rating Class) and the National Fire Protection Association’s (NFPA) codes for sprinklers. (Both Mamava’s XL and Original pods have an ASTM E-84 Flame Spread Rating of Class A for exterior materials and meet NFPA 13 Section 9.3.10 Standards.)
Are there requirements for lactation room signage?
Lactation rooms should be clearly marked so that all employees understand the purpose of the space. While some existing spaces are labeled “Mother’s Room,” many organizations are moving towards using more inclusive language such as “Lactation Room” to acknowledge that not all breastfeeding parents identify as mothers. While there are no legal requirements for labeling a lactation room, having clearly marked signs and helpful wayfinding signage can help breastfeeding employees feel seen.
How should employers manage access to workplace lactation spaces?
It’s essential that breastfeeding employees can easily access lactation spaces when and where they need them. Having to ask for a key or go through a complex logistical request system can be awkward for employees and introduce unnecessary barriers. (Mamava pods use Smart Access technology that empower parents to find and unlock spaces via the free Mamava app.)
How do employers determine how many lactation spaces they need?
The only guidance that currently exists comes from the National Institute of Health (NIH), which recommends:
6 lactation spaces for 1000 female employees
2 for 250 female employees
1 for 100 or fewer female employees
But as with restrooms, there are almost always more users than available spaces. Factor in that breastfeeding employees will need to pump every 3-4 hours—for about 30 minutes at a time—and, depending on the workday schedule, many employees may be pumping on the same schedule.
How much does a lactation room cost?
The cost of a lactation space really depends on an employer’s needs—from the size of the facility to the number of employees in an organization—and ranges from the low end (reallocating space) to the high (and variable) cost of new construction that averages $150 per square foot. Yet for facilities that lack unused real estate or who have fluctuating needs, freestanding lactation pods can often be a better solution (Mamava pods start at $9,500.) But perhaps another way to think about this question is to consider the cost of not providing a workplace lactation room. Failing to comply with federal and state labor laws could result in a lawsuit and cost a company hundreds of thousands of dollars to go to court over an employment and/or discrimination lawsuit.
How else can employers cultivate a breastfeeding-friendly workplace?
There are a number of ways employers can level up their support, including offering additional amenities in lactation rooms such as multi-use hospital-grade breast pumps (so employees don’t have to bring their own to work) and flexible schedules. But one of the most important things employers can do to create a breastfeeding-inclusive workplace is to have a written lactation accommodation policy that clearly sets out the legal rights for workers. By sharing this document with all employees—not just those who are breastfeeding—employers help set expectations about supporting working parents for the entire organization.
Providing workplace lactation rooms may be required by law, but it’s also an important way for organizations to demonstrate their commitment to attracting and retaining working parents. From knowing lactation accommodation laws to understanding what it takes to express breast milk at work, employers can make sure their lactation spaces are set up to be the comfortable, private, supportive spaces breastfeeding employees need.
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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