Breast Pumping at Work Laws + Lactation Accommodations in the U.S.

Supporting breastfeeding employees at work is the right thing for employers to do—and it’s the law. There is a federal law, as well as many state laws, that mandate workplace lactation accommodations. (Employers are obligated to follow the law that offers the most protection.) But the laws can be confusing. Whether you’re an employer looking to understand your responsibilities or an employee learning your rights, here’s a breakdown of  lactation accommodation laws that protect breastfeeding parents in the workplace.

The Federal PUMP for Nursing Mothers Act 

Federal law now protects all breastfeeding employees in the workplace.* In December 2022, the federal Fair Labor Standards Act (FLSA) was amended as part of the federal omnibus bill. The law, Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, requires employers to provide all breastfeeding employees with reasonable break time to pump and a private lactation space that is not a bathroom. The Department of Labor is the federal agency in charge of overseeing this legislation. In addition, many states have equal or greater workplace protections for breastfeeding employees.

Who is covered by the PUMP Act?

The PUMP Act covers all breastfeeding employees. When it was passed at the end of 2022, the PUMP Act extended coverage to ~9 million more women of childbearing age and provided protection for all employees for one year following the birth of a child.* Many employees who were not previously covered by the 2010 federal law Break Time for Nursing Mothers are covered by the PUMP Act, including salaried workers, healthcare workers, teachers, and agricultural workers, among others.

What kind of lactation space is required for pumping at work?

The requirements for a lactation accommodation remain unchanged from the previous language of the FLSA law: The workplace lactation accommodation cannot be a bathroom and must be free from intrusion and shielded from view (including security cameras). Many states, however, have workplace laws that exceed the federal protections by lowering the threshold for employer exemption, extending protections beyond one year, stipulating requirements for lactation spaces (e.g. electrical outlets), and/or mandating protections for specific populations other than employees (e.g. students). The majority of lactation accommodation laws don’t stipulate any lactation space requirements beyond privacy and that the space isn’t a bathroom, but some states (like California) require that spaces be free of hazardous materials and close to a sink. To truly support breastfeeding employees, consider a lactation space that is comfortable (with a place to sit down), has multiple outlets (to plug in a breast pump and other devices), provides acoustic privacy, and is easily accessed by employees when they need it.

How long are pump breaks?

The PUMP Act provides “reasonable break time” rather than specifying a specific amount of time. Some breastfeeding employees need 15 minutes, but others may need 30 minutes or more. Some parents might only pump twice a day, while others might pump four times. “Reasonable” break time makes accommodation for variations in biology.

Are pumping breaks paid?

The PUMP Act provides important clarification that if an employee is not completely relieved from duty during their pump break, then any time spent expressing breast milk should be considered “hours worked” and compensated accordingly.

Are any businesses exempt from workplace lactation laws?

The PUMP Act includes a “hardship exemption” for businesses that employ 50 or fewer employees. A three-year delay was granted to the motorcoach and rail industries that gives them until December 2025 to comply with the law. At this time, the PUMP Act does not provide protections for airline crew members—specifically pilots and flight attendants.

What happens if an employer is not in compliance?

The PUMP Act grants breastfeeding employees the right to file a lawsuit against their employer for non-compliance. Prior to making a claim against an employer, breastfeeding employees are required to notify them that they’re not in compliance. The employer then has 10 days to comply. (Note: Employees are not required to give employers 10 days to report non-space violations such as harassment or violations of break time.) Legal remedies may include employment, reinstatement, promotion, and/or monetary damages such as lost wages, emotional distress, attorney fees, and lawsuit costs. 

What does workplace support for breastfeeding employees entail?

Break time and a clean and comfortable lactation space are both necessary elements to creating a workplace environment that supports breastfeeding employees. But they’re just the beginning. Beyond these two basics, employers can write up a clear lactation policy and help normalize pumping at work by broadcasting these policies to foster a work culture that’s truly parent-friendly. Employers or employees can also initiate an employee resource group dedicated to breastfeeding parents. Not only can such groups help improve infrastructure support, they can also be important spaces for mentoring as new parents transition back to work.

*Unfortunately, airline pilots and flight attendants are not currently covered by the PUMP Act.

The lactation space experts at Mamava have created

an at-a-glance guide to the PUMP Act. 

Breast Pumping at Work Laws by State

Every state protects the right to breastfeed in public, and many states (as well as The District of Columbia and Puerto Rico) already have laws that protect workplace lactation accommodation rights. Some state laws offer even greater protections, such as extending lactation accommodations beyond just one year, mandating breastfeeding protections for specific populations (e.g. incarcerated mothers), or stipulating breastfeeding protections for specific locations (e.g. schools). Employers are required to follow the law (federal or state) that provides greater protections.