Breastfeeding and Working Laws: Know Your Rights

Suzanne (names are changed but the story is true) worked in the HR department of her large manufacturing company. After she had her baby, she assumed that there would be no problem with her taking her allotted pump breaks. However, she was wrong. Her immediate boss harassed her and docked her pay for the time she took to pump, even though she was still working during that time. Finally, she got fed up with their discrimination and filed a complaint with the US Department of Labor. She also got an attorney and successfully sued her employer.

Fortunately, Suzanne knew her rights as a breastfeeding employee. She knew about the breastfeeding and working laws codified in the PUMP Act of 2022, which closed many gaps in the Break Time for Nursing Mothers Law of 2010. Now, almost all working mothers are guaranteed the right to express milk for their babies.

What Are the Breastfeeding and Working Laws?

Under the PUMP (Providing Urgent Maternal Protections) Act, nursing mothers are guaranteed the following protections:

• Reasonable break time to pump their milk for the first year after the baby is born any time she needs to pump.

• A private place that is not a bathroom to pump her milk. It must be free from intrusion. Even if a bathroom is private, it may not be used to pump breastmilk.

• The employee must be completely relieved from all work obligations while pumping, OR she must remain on the clock if she is doing any work-related activity.

• Both hourly and salaried employees are covered. Nevertheless, certain employees in the transportation industry are not covered at this time.

• If an employer has fewer than 50 employees, they must prove that complying with the law would place an undue burden on their business.

• If an employee is doing any kind of work during her pump break, she must be compensated; however, if she is completely relieved of all work-related responsibilities, the employer is not required to pay for that time.

• Employers may not retaliate in any manner against an employee who files an oral or written complaint related to violations of this law.

Many Employers Create an Outstanding Environment

Many companies provide amazing accommodations for their nursing mothers. Beautifully appointed lactation rooms complete with refrigerators, water, and snacks make it easy for their employees to pump at work. Some companies offer flexible work schedules or work-from-home options for new mothers. Others offer their employees the services of an International Board Certified Lactation Consultant to help them through their breastfeeding journey.

A company that wants to learn how to do a better job of supporting new mothers while also reducing their risk of an expensive lawsuit has some great options. The U.S. Department of Health and Human Services Office on Women's Health has designed an outstanding resource called "The Business Case for Breastfeeding." This comprehensive guide explains the ROI (Return on Investment) in terms that make it attractive to financial managers. It offers easy steps for supporting breastfeeding employees and a toolkit with resources to build a lactation support program. There is also a marketing guide to help employers learn how to use their status as a breastfeeding-friendly employer to recruit top talent. Finally, it offers a guide for employees about combining work and breastfeeding.

I'd love to know what your company is doing to support you. Please leave a comment below so others can see how well your company does or doesn't support breastfeeding.