If you’re planning to return to work while breastfeeding or pumping, you should not have to choose between your job and your child’s health.
Whether you work in a corporate office, a retail store, a hospital, or remotely from home, your rights to express breast milk at work may be protected under federal law. Yet many employees are not told what those rights are. Others are discouraged from asking for time or space to pump. Some are even retaliated against for doing so.
At BT Law Group, we help employees across Florida understand and assert their workplace rights, including when those rights involve lactation needs. If you’re unsure what your employer is required to provide, or you’ve faced resistance after asking for accommodations, you’re not alone. And you don’t have to navigate this alone.
Here’s what every nursing employee should know about breastfeeding in the workplace, and how to take action when your rights are at risk.
You Have a Right to Pump at Work. Here’s What That Means.
The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, which became law in late 2022, expanded federal protections for workers who need to express breast milk on the job.
If you are covered by the Fair Labor Standards Act (FLSA)—and many employees are—you are entitled to:
- Reasonable break time to express breast milk for up to one year after your child is born.
- A private space to pump that is not a bathroom, and that is shielded from view and free from intrusion.
These rights apply whether you’re working in person or remotely. If you’re at home on a Zoom call, you’re still entitled to step away from your camera and screen to pump.
The law does not specifically limit the number of breaks you can take, nor does it require you to stick to a fixed schedule that fits your employer’s preferences. If your body needs to pump more frequently in the early months, you’re allowed to do so as long as it is “reasonable.” If that changes over time, your break schedule can change too.
Do You Have to Be Paid for Pumping Breaks?
That depends on the situation.
- If you are a non-exempt employee and you are completely relieved from duty while pumping—meaning you’re not answering messages, answering phones, or performing any job tasks—your employer may consider that unpaid time.
- If you’re still expected to work during any part of the break, the time must be paid under federal wage laws.
- If your employer provides paid breaks and you use that time to pump, you must be compensated in the same way other employees are.
It’s also important to note: you cannot be required to clock out and then “make up” the time by coming in early, staying late, or using your sick or vacation days. Your employer must adjust expectations (such as productivity metrics or quotas) to account for pumping breaks.
What Kind of Space Must Be Provided?
The law is very clear: the space cannot be a bathroom. And it must be:
- Private: Shielded from view and free from intrusion by coworkers or the public
- Available as needed: You’re allowed to use it each time you reasonably need to pump, not just once per day or during lunch
- Functional: There should be a clean surface for your pump, a place to sit, and ideally access to electricity and a nearby sink or fridge (though those aren’t always required)
The space doesn’t need to be permanent. A multi-use space is allowed, but it must meet all the requirements when in use for pumping. If the space your employer offers doesn’t meet these standards, you have the right to say so, and the law requires them to fix it.
What About Smaller Employers?
If your employer has fewer than 50 employees, they may try to claim an exemption under what’s called the “undue hardship” standard.
But here’s what’s important to understand: hardship doesn’t mean inconvenience. The law provides a specific definition and the burden of proof is entirely on the employer. Most businesses, regardless of size, can find a way to offer a clean, private, non-bathroom space and a few breaks per day. Claims of undue hardship are rarely successful when challenged.
What If You Need More Than Just Breaks?
For some workers, pumping breaks and space may not be enough. You might need additional accommodations to protect your health, keep up your milk supply, or manage complications like mastitis.
In these cases, the Pregnant Workers Fairness Act (PWFA) may apply. This law requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions.
Examples of accommodations may include:
- Adjusting your schedule to allow additional breaks or more flexibility
- Providing a temporary reassignment if your role involves exposure to hazardous substances
- Modifying a uniform or protective gear that interferes with pumping
- Allowing a caregiver to bring your baby to the workplace to nurse if pumping isn’t effective
Under the PWFA, your employer is required to engage in an interactive process with you to figure out a workable solution. They don’t get to unilaterally deny your request. And they can’t force you to take unpaid leave if another accommodation would allow you to keep working safely.
What If Your Employer Doesn’t Cooperate?
Even when the law is on your side, the workplace reality doesn’t always follow suit. Some employees are discouraged from asking for breaks. Others are penalized, demoted, or subtly pushed out.
If you’ve been denied time or space to pump, or treated differently because of your lactation needs, there are steps you can consider taking:
- Put your request in writing. Describe what you need and why. Be specific.
- Document your interactions. Keep copies of emails, texts, or notes from meetings.
- Know when legal notice is required. Under the PUMP Act, if you want to file a lawsuit based on inadequate space, you must give your employer 10 days’ notice before filing.
- Consult an attorney. If you’ve been ignored, retaliated against, or are unsure whether your rights have been violated, legal help can make all the difference.
Why This Matters
Feeding your child shouldn’t put your job at risk. And asserting your rights shouldn’t be treated as an inconvenience.
Workplace laws surrounding breastfeeding are not optional suggestions. They exist to ensure that people who are nursing don’t face career setbacks for doing what’s medically recommended for themselves and their babies.
If your employer has failed to follow the law, whether by denying breaks, providing an unsuitable space, retaliating against you, or refusing accommodations entirely, you don’t have to accept it.
At BT Law Group, we represent employees. If your rights have been violated, we’re here to listen, assess the facts, and help you understand your legal options.
