The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

What You Should Know

Under the Fair Labor Standards Act (FLSA):

  • Most nursing workers are entitled to reasonable break time and a private space to pump at work for up to one year after their child’s birth.
  • Most employers are required to provide covered employees with space that is functional for pumping milk, shielded from view, free from intrusion, available as needed and not a bathroom.
    Learn more about Employer Responsibilities.

 

New Law Expanding Pumping at Work Protections

On December 29, 2022, the Consolidated Appropriations Act of 2023 became law. This legislation introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.