Q: Do doctors and nurses, including those who take temporary positions in high-need areas, have a right to pump at work?
Yes. Doctors and nurses have the right to pump at work. Most employees have the right to take reasonable break time to express breast milk for their nursing child. For one year after the child’s birth, covered employees may take reasonable break time “each time such employee has need to express the milk.” An employer may not deny a covered employee a needed break to pump.
New, part-time, and temporary employees have the same right to pump at work as full-time, permanent employees.
Q: I work in an assisted living center. Can my employer interrupt me on my pump break and ask me to respond to a resident’s needs?
No. Most employees have the right to take reasonable break time to express breast milk for their nursing child for one year after the child’s birth. An employer may not deny a covered employee a needed break to pump or interrupt or cut short that break, including when the employee works in the medical profession.
Additionally, when an employee is using break time at work to express breast milk, she either must be completely relieved from duty or must be paid for the break time.
Q: I work in a hospital. Can I be required to find someone to cover for me when I need to take my pump breaks?
No. While employees and employers are encouraged to discuss pumping needs and available space to develop shared expectations, it is the employer’s responsibility to provide the needed break time and space and ensure that any necessary duties are covered during an employee’s pump breaks. Some employers use temporary staff or floating staff to fill-in for workers when they must be away from their duty station, including when they are away to pump.
Q. I work in a medical office building that has a large, dedicated room for nursing employees to take pump breaks. The room is set up so more than one employee can take a pump break at the same time. Can my employer ask me to share pump space?
Yes. The FLSA does not require that employers create permanent, dedicated spaces for employee pump breaks. Some employers may choose to provide a shared space, such as a large room with privacy screens between employees, which may be used by multiple employees simultaneously to pump. The employer must ensure that all employees are shielded from view and free from intrusion when pumping, including from co-workers who are also pumping.