The Fair Labor Standards Act (FLSA) requires 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 each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
What You Should Know
Under the Fair Labor Standards Act (FLSA):
- Most nursing workers are entitled to reasonable break time and a private space to pump at work for up to one year after their child’s birth.
- Most employers are required to provide covered employees with space that is functional for pumping milk, shielded from view, free from intrusion, available as needed and not a bathroom.
Learn more about Employer Responsibilities.
New Law Expanding Pumping at Work Protections
On December 29, 2022, the Consolidated Appropriations Act of 2023 became law. This legislation introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.
These materials can be printed and used in workplaces to ensure that workers understand their rights and employers understand their responsibilities under the law.
- Pump at Work Frequently Asked Questions (FAQs)
- Pump at Work Industry-Specific FAQs:
- WHD Fact Sheet #73: FLSA Protections for Employees to Pump at Work
- WHD Fact Sheet #73A: Space Requirements for Employees to Pump Breast Milk at Work under the FLSA
- How to file a complaint
- General Presentation: Pump at Work Protections under the Fair Labor Standards Act
- Maternal Health: What to Expect from Your Employer When You’re Expecting
- Federal Protections for Pregnant, Postpartum and Pumping Workers – EEOC and WHD flyer
These federal and state government resources provide information on additional legal protections, guidance, and best practices for workers and employers.
DOL Women’s Bureau
- Employment Protections for Workers Who are Pregnant or Nursing
- Women’s Bureau flyer: Nursing Employee Workplace Protections
Office of Personnel Management (OPM)
- OPM Guidance on Nursing Mothers in the Federal Workforce
- OPM Guidance on Establishing a Federal Nursing Mother’s Program
U.S. Department of Education
U.S. Department of Health and Human Services
- Employer Solutions: Supporting Nursing Moms at Work
- Centers for Disease Control: CDC Healthier Worksite Initiative, Workplace Lactation Support Program Toolkit
- Surgeon General’s Call to Action to Support Breastfeeding
Equal Employment Opportunity Commission (EEOC)
- Surgeon General’s EEOC Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities
- What You Should Know About the Pregnant Workers Fairness Act (PWFA)
- DOL/EEOC Maternal Health Series, including webinars – What to Expect from Your Employer When You’re Expecting
- EEOC and WHD flyer: Federal Protections for Pregnant, Postpartum and Pumping Workers