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Breastfeeding employees have specific protections at work

On Behalf of | Jan 16, 2025 | Pregnancy Discrimination

A woman who’s back at work after giving birth may have decided to breastfeed her baby. In order to do this, she has to be able to pump breast milk for the baby. This isn’t something that she can only do when she’s home, so the Fair Labor Standards Act sets specific requirements that employers must follow so employees can pump breast milk at work.

The protections for these women start at the child’s birth and continue until the child is one year old. Most employees are covered by these protections, including many nurses, teachers, retail workers, food service employees, health care workers, agricultural workers, truckers and taxi drivers. 

What are employers required to provide for nursing employees?

Employers must provide the breastfeeding employee with a place to pump. It must be shielded from view to provide privacy. It also has to be free from intrusions from anyone, including customers, co-workers and supervisors. The place must be somewhere other than a bathroom so it’s sanitary enough for pumping breast milk.

The employer must allow the woman to pump as needed, as long as it’s reasonable. Typically, the woman will need more frequent pumping sessions when the baby is younger. As her milk supply becomes established, she will likely need less frequent pumping sessions at work.

Employees who aren’t being provided with the time they need to pump breast milk may decide to take legal action. These cases can be difficult to handle, so it may be best to seek assistance from someone familiar with this matter. 

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