FLSA Protections to Pump at Work
The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their 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.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. The law includes the PUMP for Nursing Mothers Act (“PUMP Act”), which extends to more nursing employees the rights to receive break time to pump and a private place to pump at work and may impact some of the other information provided below.
Tuesday, February 27th, 2024 from 3 -4 p.m. ET
Register Now
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, President Biden signed the Consolidated Appropriations Act, 2023 into 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.
Pump at Work “Know Your Rights” and Employer Materials
These materials can be printed and used in workplaces to ensure that workers understand their rights and employers understand their responsibilities under the law.
- Protections to pump at work – flyer
- Protections to pump at work – small card
- Protections to pump at work – door hanger
- Workplace FLSA poster including PUMP Act
- Federal Protections for Pregnant, Postpartum and Pumping Workers – EEOC and WHD flyer
- Time and Place to Pump at Work: Your Rights
Pump at Work General Guidance
- WHD Fact Sheet #73: FLSA Protections for Employees to Pump at Work
- WHD Fact Sheet #73A: Space Requirements for Employees to Pump Breast Milk at Work under the FLSA
- Field Assistance Bulletin (FAB) 2023-2: Enforcement of Protections for Employees to Pump at Work
- How to file a complaint
- General Presentation: Pump at Work Protections under the Fair Labor Standards Act
- Maternal Health: What to Expect from Your Employer When You’re Expecting
- Federal Protections for Pregnant, Postpartum and Pumping Workers – EEOC and WHD flyer
Frequently Asked Questions (FAQs)
- Frequently Asked Questions: Pumping Breast Milk at Work
- Agriculture Industry FAQs
- Care worker Industry FAQs
- Retail and restaurant Industry FAQs
- Transportation FAQs
- Education FAQs
