Employers in the United States are expected to abide by the Fair Labor Standards Act (FLSA). This covers a variety of situations involving employees, one of which involves new mothers who are breastfeeding and returning to work.
The FLSA requires many employers to provide reasonable break time in a private space for employees to pump breast milk at work. Breastfeeding employees are entitled to have these breaks for up to one year after childbirth. They must be provided each time the employee needs to pump. In most cases, this will be more frequent when the baby is younger, but will likely get farther apart as the baby gets older.
Employer responsibilities
Employers must provide the employee with a private space to pump. This area must be completely shielded from view. The designated pumping area can’t be in a bathroom.
Employers don’t have to pay for pumping brakes if the employee is relieved of all duties. However, if the employer already provides paid breaks for other employees, it’s allowable for the nursing mother to use that time to pump and be compensated for that time.
Small businesses with fewer than 50 employees may be able to request an exemption if complying with these terms of the FLSA would cause an undue hardship on the business. It’s important that any employer in this position carefully consider how they can balance the needs of the company with the needs of the nursing mother.
A nursing mother who feels as if her rights are being violated has the right to take legal action against the employer. Employers may opt to work with someone familiar with these matters to create policies to minimize the chance of this occurring and to help them address any legal issues that arise.