FACT BRIEFDoes federal law require employers to offer breaks for people who are breastfeeding?
Yes.
According to the federal Fair Labor Standards Act (FLSA), nursing employees have the right to take reasonable break times to express breastmilk.
Covered employees also must be paid or be completely relieved of their duties. Individuals aren’t required to pump and work if they aren’t being paid. The duration of breaks may vary.
The Providing Urgent Maternal Protections for Nursing Mothers Act, passed in 2022, also requires employers to provide reasonable break time and a safe, clean, private space for pumping. The private space cannot be a bathroom and these provisions apply regardless of gender.
FLSA requires the private space must be a functional location and if the space isn’t a dedicated lactation room, it must be available when needed.
The right to pump at work is available up to one year after the child’s birth.
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Sources
- U.S. Department of Labor Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work
- U.S. Breastfeeding Committee The PUMP Act Explained
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