If you’re like many working moms, you know how important pumping breastmilk at work can be. At best, it’s painful – and at worst, it can disrupt your child’s entire eating regimen. But is there a nursing mothers’ law that requires your employer to let you pump at work? Here’s what you need to know.
A federal law – the Fair Labor Standards Act – requires your employer to provide you with reasonable time to express breast milk for your nursing child for a year after the child’s birth. Your employer is also required to provide a place for you to do so, and that place can’t be a bathroom, it must be shielded from view so you have privacy, and it must also be free from intrusion from coworkers and the public so nobody walks in on you while you’re pumping.
The state of California also has nursing mothers’ laws on the books protecting breastfeeding mothers, including:
Employees who work for employers covered under FLSA and are not except from FLSA’s overtime pay requirements are entitled to breaks to express milk.
All employers covered by FLSA must comply with the nursing mothers’ law. The only exceptions are employers that have fewer than 50 employees and can demonstrate that complying with the law would cause them an undue hardship.
Related: Pregnancy discrimination laws in California
Employers are not required under FLSA to pay you for breaks you take to express milk. However, if an employer already provides compensated breaks, you can use your break time to express milk and be compensated in the same way that other employees are compensated for break time.
The space your employer provides you with to express milk doesn’t have to be permanent. It can be temporarily created or converted, or made available when necessary. As long as it’s functional as a space for expressing milk, it’s okay under the law. However, if the whole space isn’t dedicated to the nursing mothers use, it must be available when needed – and that means your employer can’t tell you, “Not now. We’re using the space.”
Employers don’t have to have dedicated places for expressing milk unless they employ nursing mothers who need the space.
Your employer certainly cannot require you to use a bathroom, even if it’s the only place available at a work site. The law specifically says a place other than a bathroom. However, if you choose to use a bathroom, that’s okay – that’s your decision.
You can approach your company’s human resources department and ensure that your employer understands you need a dedicated space and breaks to express milk. If your employer refuses to accommodate you, you should call an attorney to find out whether you have grounds for a formal complaint. You can call our office at 818-230-8380 or fill out the form below to tell us about your situation in a free consultation – we’ll help you decide what to do next.
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