Legal Rights for Pumping at Work: What You Need to Know

Early communication with your employer is essential in your transition back to work. Knowing your rights as a breastfeeding employee is also helpful. Pumping at work is not just a convenience for working moms; it’s a critical part of maintaining their milk supply and continuing their breastfeeding journey. Knowing your legal rights will help you navigate how and where to pump at your workplace.

At CLS, we believe every mom deserves to feel supported and empowered throughout their breastfeeding journey, including during their return to work. Our lactation consultation programs provide personalized guidance, education, and advocacy to help you understand your rights, care for your body, and confidently manage pumping during the workday.

This article discusses the key laws protecting your right to pump at work, what employers are required to provide, and how State-specific regulations may offer even more support.

Why Pumping at Work Matters

The decision to continue providing breast milk for their babies after returning to work is a deeply personal commitment rooted in love, bonding, and care for working moms. Pumping at work is not just about logistics or law, it's about doing what's best for you and your baby, even in the face of daily challenges.

  • Health Benefits for Baby: Breast milk is often called "liquid gold" for babies. It provides optimal nutrition, strengthens their immune system, and helps reduce the risk of infections, asthma, obesity, and sudden infant death syndrome (SIDS). For moms, continuing to express milk can support postpartum recovery and deepen the emotional bond with their child.
  • Maintaining Milk Supply: Breastfeeding works on a supply-and-demand basis. When feedings or pumping sessions are skipped or delayed, your body gets the message to produce less milk. That’s why consistent pumping at work is essential and ensures that your milk supply is maintained for as long as you decide to continue breastfeeding. Regular pumping helps maintain your milk supply, prevents uncomfortable engorgement, and ensures you have a steady stash of milk for your baby while you’re away.

Between back-to-back meetings, unpredictable breaks, and limited space, finding time and privacy to pump can be stressful. Add to that the emotional strain of being away from your baby, managing equipment and storage, and navigating workplace expectations – all of which can be quite overwhelming. However, you should know that your decision to pump at work is valid, valuable, and protected by law.

Your Rights Under Federal Law

Knowing your rights regarding pumping at work empowers you to care for your baby while continuing to thrive in your career. Federal laws help ensure that lactating mothers have the time and private space they need to express breast milk during the workday without fear of stigma, penalty, or disruption.

These legal protections not only support your ability to continue breastfeeding but also send a powerful message: you don’t have to choose between feeding your baby and doing your job. Understanding these laws is the first step in advocating for yourself and ensuring that your workplace supports your journey.

Fair Labor Standards Act (FLSA)

Under the Fair Labor Standards Act (FLSA), you are legally entitled to pump in the workplace. This Federal law ensures that you have both the time and space you need to express breast milk during the workday.

This law ensures you have access to:

  • Reasonable break time to pump breast milk during the workday for up to one year after the child’s birth.
  • Private, functional space, other than a bathroom, that is shielded from view, free from intrusion, and specifically designed for expressing milk.

PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act)

Signed into law in December 2022, the PUMP Act significantly expanded FLSA protections by covering salaried and other exempt employees previously left out. This means that the law supports your right to pump whether you are a salaried employee or are paid hourly while working in an office or on a job site.

Pregnant Workers Fairness Act (PWFA)

Under the Pregnant Workers Fairness Act (PWFA), working mothers with limitations related to pregnancy, childbirth, or related medical conditions, including the need to pump breast milk at work, are entitled to receive reasonable accommodations from their employers.

Reasonable accommodations can include:

  • Additional or more frequent breaks for pumping
  • Access to a clean, private, and comfortable space for expressing milk
  • Modifications to schedules, duties, or physical requirements that may interfere with your ability to pump or postpartum recovery

The PWFA builds on other existing protections by recognizing that the postpartum period and the act of pumping deserve thoughtful, personalized support.

What the Federal Law Requires of Employers

Federal laws are not just about having the right to pump at work. It's about how your employer is legally required to support you in doing so. Federal laws set clear standards for the time, space, and workplace accommodations you should receive.

Compliant Pumping Space

Federal law requires that employers provide a pumping space that meets specific standards to support lactating moms. A compliant lactation space must be:

  • Private: The area must be shielded from view and free from intrusion by coworkers or the public.
  • Not a bathroom: Under the law, even the cleanest bathroom does not qualify as an acceptable space for pumping.
  • Functional: The space should be equipped with a comfortable chair, a clean, flat surface to place your breast pump, and access to an electrical outlet if you use an electric pump.
  • Available when needed: You must be able to access the space as often as necessary to maintain your milk supply and avoid discomfort.

These requirements are designed to protect your health, dignity, and ability to continue breastfeeding while working. 

If your workplace doesn’t have a designated pumping space, you can connect your employer with us. At CLS, we work directly with employers to help design pumping spaces that not only meet legal requirements but also support the comfort, privacy, and real-life needs of breastfeeding employees.

Reasonable Break Time

How often and how long you need to pump can vary based on your body, your baby’s feeding routine, and your daily schedule. Most lactating moms need to pump every 2 to 3 hours, with each session lasting about 15 to 20 minutes.

Under Federal law, employers are required to provide as much break time as is reasonably needed for you to express milk. This means your pumping schedule should be flexible and responsive to your individual needs.

Small Business Exception

Employers with fewer than 50 employees may request an exemption only if they can prove that providing break time and space would cause undue business hardship. However, this is not a blanket pass. Most employers, regardless of size, are expected to comply.

State Laws That Go Further

While Federal laws lay the foundation for pumping at work, many States go even further to support and protect lactating mothers. 

Most States have laws that enhance or expand upon Federal protections for breastfeeding and pumping in the workplace. With the exception of a few, most States have enacted additional safeguards for breastfeeding moms in the workplace. 

The States without specific State-level breastfeeding laws include:

  • Alabama
  • Arizona
  • Florida
  • Idaho
  • Iowa
  • Kansas
  • Maryland
  • Michigan
  • New Hampshire
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • South Dakota
  • West Virginia
  • Wisconsin
  • Wyoming

Depending on your State, you may be entitled to longer break times, extended coverage periods, or more specific requirements for lactation spaces. Our team offers personalized support based on your specific State laws, so you know exactly what to expect and how to advocate for the support you deserve.

Here are a few examples of the States offering stronger, more detailed protections for lactating moms in the workplace:

  • California: California State law requires break time for pumping, which must coincide with paid break time when possible. In addition, the lactation space must be private, close to the employee’s work area, and cannot be a bathroom. It should be equipped with a seat, a flat surface to place a breast pump, and access to electricity. To further support breastfeeding moms, it must also be located near a sink and a refrigerator to safely store expressed milk.
  • New York: In New York, working moms have the right to pump at work for up to three years after childbirth. Employers are required to provide a private space for expressing milk and must also develop and distribute a written lactation policy to all employees. Additionally, they must ensure that the designated pumping area is accessible whenever it is needed.
  • Oregon: Oregon State law mandates that employers provide 30-minute breaks every four hours for employees to express milk. This protection extends until the child reaches 18 months of age, offering significantly more support than the Federal requirement, which only guarantees accommodations for up to one year after childbirth.

Many other States have similar or stronger laws supporting working, breastfeeding moms. We recommend checking with your State’s Department of Labor or consulting with your employer. 

Ready to get started with pumping at work?

Navigating the challenges of pumping at work does not have to feel daunting or isolating. Knowing the Federal and State laws can empower you to communicate clearly and confidently with your employer to get the support you deserve.

Whether you are returning to work in a few weeks or juggling meetings and milk breaks, you have the right to care for your baby while pursuing a career.

At CLS, our lactation consultants provide guidance on how your pumping rights are protected by the law, coaching on how to approach your employer if needed as well as emotional support so you can focus on what matters most: your baby and your well-being.

To start your journey with our certified consultants, call us at 888-818-5653 or request an appointment online.

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