Breastfeeding is one of the most natural and beneficial acts a mother can do for her child, but for working mothers, it often comes with unique challenges. One of the most pressing concerns for nursing mothers returning to work is: “How long do you have the right to pump at work?” Understanding your rights is crucial to ensure that you and your employer are on the same page about the time and space needed for pumping breast milk.
In this comprehensive guide, we’ll cover the laws protecting your right to pump at work, how to talk to your employer about nursing breaks, what accommodations you can expect, and what to do if your rights are violated.
Understanding Your Rights: Laws for Pumping at Work
The right to pump at work is not just a privilege, it’s protected by law. Two key federal laws address the issue:
The Fair Labor Standards Act (FLSA) – This act was amended in 2010 by the Affordable Care Act to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth. The FLSA mandates that employers must also provide a private space, free from intrusion, that is not a bathroom for the purpose of expressing milk.
The Pregnant Workers Fairness Act (PWFA) – Enacted to ensure that pregnant workers and new mothers are treated fairly, this act requires employers to provide reasonable accommodations, including break time and space for pumping breast milk. This is especially important for nursing mothers who may need more frequent breaks.
Federal Pump Act
In 2023, the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act) was signed into law, expanding the protections under the FLSA. The PUMP Act extends the rights to pump at work to millions more employees, including salaried workers who were previously excluded.
Do I Have a Right to Take Pump Breaks at Work?
Yes, you do. Under federal law, employers must provide nursing mothers with “reasonable break time” to pump breast milk whenever the need arises. But what does “reasonable” really mean?
The law does not specify an exact number of breaks or the duration of each break. Instead, it leaves room for flexibility based on the mother’s needs. For example, some mothers may need to pump three to four times during an eight-hour workday, while others may only need one or two sessions.
How Long Do You Have the Right to Pump at Work?
The law is clear: you have the right to pump for up to one year after your child’s birth. However, depending on your situation, your employer may extend this period.
How Often Can You Pump During the Workday?
The frequency of pumping sessions depends on your body’s needs and your child’s feeding schedule. On average, nursing mothers may need to pump every 2-3 hours. The duration of each session can vary, typically lasting about 15-30 minutes.
It’s important to communicate your pumping needs to your employer so that you can create a schedule that works for both you and the company.
What Time Accommodations Do I Have?
Employers are required to provide reasonable break time for nursing mothers. This means that if you need more time than is typically allotted for breaks, your employer should accommodate your needs.
Do Workers Have to Use Their Existing Break Times to Pump?
While it’s ideal to align pumping sessions with existing break times, you are not required to do so if your needs extend beyond these breaks. The law allows for additional break time specifically for the purpose of expressing breast milk.
If I Take Breaks to Pump Breast Milk, Can My Employer Reduce the Amount of Other Break Time I Get?
No, your employer cannot reduce your other break times if you take breaks to pump. The time allocated for pumping is in addition to your regular break time.
Does My Employer Have to Pay Me for Break Time I Take to Pump Breast Milk?
Whether your employer is required to pay you for pumping breaks depends on the circumstances. If you are using your regular paid break time to pump, your employer must compensate you. However, if you need additional time beyond your regular breaks, your employer is not obligated to pay for that time unless your state laws require it.
How Should You Talk to Your Employer About Nursing Breaks?
Open communication with your employer is key to ensuring your pumping needs are met. Here are some tips for discussing nursing breaks:
Schedule a Meeting – Arrange a time to discuss your pumping needs before you return to work. This gives your employer time to prepare and make the necessary accommodations.
Be Clear and Specific – Explain how often you need to pump, the approximate duration of each session, and any specific requirements for the space you’ll need.
Offer Solutions – If possible, propose a flexible schedule that minimizes disruption to your work. For instance, you could align your pumping breaks with existing break times or work from home on certain days.
Know Your Rights – Familiarize yourself with the laws protecting your right to pump at work so you can confidently advocate for yourself.
Where to Pump at Work?
Federal law requires employers to provide a private space for nursing mothers to pump. This space must be free from intrusion and cannot be a bathroom. Ideally, the space should include a comfortable chair, a flat surface for your pump, and an electrical outlet.
What Should You Do If You Are Denied Space or Break Time to Pump?
If your employer denies you the space or break time needed to pump, you have several options:
Document the Denial – Keep a record of when and how your request was denied.
Discuss the Issue with HR – If possible, escalate the issue to your Human Resources department.
File a Complaint – If the issue is not resolved internally, you can file a complaint with the Department of Labor’s Wage and Hour Division.
Can You Get Fired for Pumping at Work?
No, it is illegal for an employer to fire you for exercising your right to pump at work. If you believe you were fired for this reason, you may have grounds for a wrongful termination lawsuit.
Can You File a Complaint if Your Rights Are Violated?
Yes, if your employer violates your rights, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Labor. These agencies will investigate your claim and take action if necessary.
What If My Employer Retaliates for Filing a Complaint?
Retaliation is illegal. If your employer takes adverse action against you for filing a complaint, you may have grounds for a retaliation lawsuit.
Can I Sue My Employer for Violating My Rights and Firing Me for Pumping at Work?
Yes, you can sue your employer if they violate your rights or if you are fired for pumping at work. An experienced employment attorney can help you navigate the legal process and pursue compensation for any damages.
How Can I Sue?
To sue your employer, you will need to:
Gather Evidence – Collect documentation of your employer’s actions, including any communications and records of denied breaks or space.
File a Complaint – Before suing, you typically need to file a complaint with the EEOC or a similar state agency.
Consult an Attorney – An employment lawyer can guide nursing employees through the legal process and help you build a strong case.
File a Lawsuit – If the issue is not resolved through the complaint process, your attorney can file a lawsuit on your behalf.
What Might You Be Able to Recover If Your Right to Pump at Work Was Violated?
If your rights were violated, you might be entitled to compensation for:
Lost Wages – If you were fired or forced to quit due to your employer’s actions.
Emotional Distress – For the stress and anxiety caused by the violation.
Punitive Damages – In cases of egregious conduct, the court may award punitive damages to punish the employer.
How an Attorney Can Protect Your Right to Pump at Work
Dealing the legal landscape when your rights are violated at work can be daunting, especially when it involves something as personal and important as your right to pump breast milk. Understanding the law and ensuring that your employer respects your rights can be challenging without professional help. This is where an attorney can be invaluable. Below are key ways in which an attorney can support and protect you throughout this process.
Understanding Your Rights: An attorney clarifies the specific laws that protect your right to pump at work, ensuring you fully understand your entitlements.
Documenting the Violation: They guide you in gathering and organizing evidence, such as emails and time logs, to support your case effectively.
Filing a Complaint: An attorney assists in filing a formal complaint with the appropriate agency, ensuring accuracy and timeliness.
Negotiating with Your Employer: They can negotiate with your employer on your behalf, aiming to resolve the issue without resorting to litigation
Pursuing Legal Action: If necessary, an attorney can file a lawsuit and represent you in court, advocating for your rights and compensation.
Protecting Against Retaliation: They advise on how to prevent and respond to employer retaliation, ensuring your protection under the law.
Seeking Compensation: An attorney helps pursue compensation for any losses, including wages and emotional distress, resulting from the violation.
Ensuring Compliance with Legal Procedures: They manage all legal procedures and deadlines, preventing any technical issues that could affect your case.
Take a Stand for Your Rights—Contact BLG Today!
Pumping at work is a right, not a privilege. By understanding the laws that protect nursing mothers and how to navigate potential challenges, you can ensure that you and your employer are aligned on your needs. If your rights are violated, don’t hesitate to take action. You have the power to advocate for yourself and ensure a supportive and accommodating work environment.
If you’re facing challenges or discrimination at work for exercising your right to pump, you don’t have to stand alone. The legal team at BLG is here to support you every step of the way. Protect your rights and secure the accommodations you deserve.
Contact us today for a free consultation.
FAQs
How long should pumping sessions be at work?
Pumping sessions typically last about 15-20 minutes, though it may vary depending on individual needs.
What are the rights of a breastfeeding mother at work?
Breastfeeding mothers have the right to reasonable break time to pump and a private, non-bathroom space to do so, as protected under the Fair Labor Standards Act (FLSA).
Do breastfeeding moms have to clock out to pump?
Under the FLSA, employers are not required to pay for break time used for pumping, so breastfeeding moms may need to clock out unless they are using paid break time.
How long can I go without pumping at work?
It’s recommended to pump every 3-4 hours to maintain milk supply and avoid discomfort. Going longer than this can lead to engorgement and decreased milk production.
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