Two Things Every Working Breastfeeding Mother Needs To Know
Did you know that you have the right to express breastmilk at work?
In December 29, 2022, the “Providing Urgent Maternal Protections” or “PUMP” for Nursing Mothers Act was signed into law. The PUMP act gave working moms extra protections in the workplace so that they did not have to choose between returning to work and breastfeeding after giving birth. The few protections working moms had before the PUMP act were expanded -employers are now required to provide reasonable break time and lactation space to nursing mothers. In addition, you can now sue your employer if they do not give you the break time and lactation space that you are entitled to.
Top Two Things For Nursing Mothers To Know —what must employers provide around break times and lactation spaces?
#1 Break Times –
Working moms with children who are less than a year old are entitled to breaks during the workday to pump: Employers must now provide employees who need to express breast milk during work hours “a reasonable break time” for up to one year following the birth of a child “each time such employee has need to express the milk.”
You are entitled to a break to PUMP when you need to, not on your employer’s schedule: An employer may not deny an employee break time in order to pump. The frequency, duration and timing of the breaks provided can vary depending on factors such as the specific needs of the employee and child in question, as well as the lactation space that is provided. Employees who work remotely are also eligible to have break time in order to express breast milk even if they are not physically working on site.
#2 Lactation Spaces –
Your employer cannot make you pump in the bathroom: Employers must provide covered employees with a space to express breast milk, other than a bathroom. The space must be shielded from the view of the public and coworkers. In addition, the space must be free from intrusion and the space must be available for use every time that the employee needs to express breast milk. Another specific requirement of the space is that it is a “functional space for pumping” requiring specific characteristics such as a place for the employee to sit, a flat surface other than the floor in which to place a breast milk pump, access to electricity within the space so that an electric pump may be used and a place to safely store breast milk at the workplace (such as a refrigerator).
If you believe your rights (as you understand them), have been violated. What’s next? The PUMP act from 2022 provides those next steps by allowing employees to file a lawsuit if they believe their rights under the PUMP act have been violated.
But what does that mean exactly for you? If your employer denies you break times and/or does not provide you with a space to express breastmilk – you have the right to fight back, and get the time and private space you deserve to pump.
Sounds good right? But first—let’s talk about what needs to happen before you can file the lawsuit. An employee is first required to notify their employer of their need for a space and provide the employer a reasonable amount of time to comply with the law and provide a space. Putting that notice in writing ensures that your employer is aware of your need – keep a copy for your records.
If you are still unsure and scared that you’ll be fired for calling out any employer non-compliance, let us put your fears to rest.
An employee can also file a lawsuit if they are fired, demoted, or have their hours cut in retaliation for requesting break times or a private space to pump!
The PUMP Act is a step forward in ensuring equity in the workplace for employed mothers. By ensuring access to breaks and private spaces for expressing milk, it enables mothers to continue breastfeeding once they return to work after maternity leave.
You have rights. You have the ability to breastfeed your child and have a safe place to do it. Don’t stay silent—speak up.
If you aren’t sure if the PUMP act applies to you, or if you have questions about your rights, we’d love to help. Or perhaps you are ready to file your case now.
EITHER WAY– contact us today and we’ll be in contact to make sure you and your child(ren) are protected.