Break Time Laws for Nursing Mothers

The federal government and many U.S. states and territories have acknowledged the vital role of breastfeeding in the health and well-being of a mother and her child. In response to the challenges nursing mothers face at work, these jurisdictions have enacted laws that provide break time for nursing mothers.

This article explains the PUMP Act and other employment laws that are essential for nursing mothers. If your employer refuses to provide the proper break time or environment, consider speaking with a local employment law attorney. They can guide you through your options and help you assert your rights.

Federal Protections for Nursing Mothers

One of the most recent additions to federal law protections for breastfeeding employees is the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. The law requires employers to provide nursing mothers with reasonable break time and a private place to express milk for a nursing child for one year after the child's birth.

President Joe Biden signed the PUMP Act into law in December 2022. The federal statute amended the Fair Labor Standards Act (FLSA). The FLSA is an important workplace and employment law.

Nursing mothers who were hourly workers and entitled to the FLSA's protections have had the right to workplace breastfeeding protections since 2010. However, the FLSA protection does not cover salaried workers. This meant that around nine million working women did not have this workplace support under federal law.

The new lactation accommodations under the PUMP Act extended existing protections for breastfeeding mothers, extending break time for breastfeeding to salaried workers.

PUMP Act Break and Space Requirements

Under the FLSA, as amended by the PUMP Act, employers must provide nursing employees:

• A private space. An employer may create a temporary space for expressing milk or make one available when needed. The space doesn't have to be permanent or only for nursing employees. However, the lactation space must be shielded from view and free from intrusion from co-workers and the public. It cannot be a bathroom or a toilet stall.
• Reasonable break time for an employee to express breast milk. While the law doesn't specify exact time frames for these paid breaks, "reasonable" generally means the time the employee needs to express milk. Nursing mothers can express breast milk as often as needed. Employees should discuss their specific needs with their employer, as the duration and frequency of breaks may vary based on individual circumstances.
• Complete relief of job duties. The employee must be completely relieved of job duties while breast pumping. If you work at the same time, your employer must give you a paid break.
• Break duration. The employer should allow the breastfeeding person to take lactation breaks for one year after the birth of a child.

The law applies to most workers, although there are a few exceptions (discussed below).

What Are the Requirements for Lactation Spaces?

Under the PUMP Act, the lactation space must be shielded from view and free from possible intrusion by coworkers or the public. It cannot be a bathroom. And it must be available at any time an employee needs to pump.

Other features used by many employers include:

• A locking door
• A comfortable chair
• A small refrigerator
• An electrical outlet
• A source of clean running water

Some employers create dedicated lactation rooms on their worksites near employee work areas to better support employees who are breastfeeding.

Remote Workers

The PUMP Act also applies to remote employees. Telecommuting employees have the same workday protections for breastfeeding as onsite employees.

Of course, the employer does not have to provide space in the employee's home for breaks. But they have the same rights to reasonable break time and complete relief from job duties during their breaks.

Remote workers must be free from observation by any employer-provided or required video system during PUMP Act breaks. This can include a security camera or a computer camera. Employers that monitor remote employees taking their pump breaks are breaching the law.

Exemptions

Employers with fewer than 50 employees can qualify for an exemption from the PUMP Act. They must show that complying with the PUMP Act would cause “undue hardship."

Undue hardship typically means accommodating causes “significant difficulty or expense." Determining undue hardship occurs on a case-by-case basis. The Department of Labor (DOL) considers the “financial resources, nature, or structure" of the employer's business.

However, employees exempted under federal law may have entitlements to breaks or workspace protections under state or local laws.

Certain employees of airlines, railroads, and motorcoach carriers are also currently exempt from nursing employee protections under the FLSA. However, upcoming changes to the PUMP Act scheduled for December 2025 will extend protections to rail and motorcoach workers, further expanding coverage for nursing mothers in these industries.

Enforcement

Employees who claim a violation of the PUMP Act can file a complaint with the U.S. Department of Labor's Wage and Hour Division (WHD). The Department of Labor (DOL) offers a fact sheet and frequently asked questions that provide more information.

You can also file a lawsuit against your employer. If you're thinking of going this route, it's important to speak with an employment attorney. They can help you build the strongest possible case.

State Laws Protecting Nursing Mothers' Rights in the Workplace

Federal law establishes minimum break time for nursing mothers. An employee might also be entitled to nursing breaks under local or state laws, even if they are not covered by the PUMP Act.

State and municipal laws may offer broader protections than federal law. For example, New York's nursing mothers law provides breaks to express breast milk for up to three years after a child's birth. Some states don't provide an exemption for small businesses, ensuring all workers are guaranteed these breaks.

The PUMP Act does not preempt local or state laws that provide greater protections.

How a Lawyer Can Help

The FLSA prohibits an employer from retaliating against a worker who asserts their rights under the FLSA. Employees who file a complaint under federal law or participate in an investigation can't be punished for doing so. Several states also prohibit employers from discriminating against nursing mothers.

If you're a nursing mother and you have questions about your rights in the workplace, consider contacting an experienced employment law attorney to discuss the laws applicable to your situation.

Employers should also review their facilities and employment policies to ensure compliance with the PUMP Act and local laws. A local small business attorney can help you understand your obligations under the law and determine how to best accommodate your employees.