Pumping at work: what breaks and space does my employer have to give?

Concerns & risks

You're returning to work while breastfeeding, there's no lactation room and your manager suggested the restroom.

Causes & evidence

The PUMP for Nursing Mothers Act, enforced by the Department of Labor, requires most employers to provide reasonable break time for an employee to express breast milk each time she needs to, for one year after the child's birth. Employers must also provide a place, other than a bathroom, that is shielded from view and free from intrusion by coworkers and the public. Break time must be paid if the employee isn't completely relieved from duty, or if the employer already provides paid breaks and she uses them to pump. Employers with fewer than 50 employees can be exempt only if compliance would cause undue hardship. Before filing a lawsuit for a space violation, employees generally must notify the employer and allow 10 days to fix it, with some exceptions.

Some states provide stronger protections than federal law. Airline flight crew and some other groups have special rules.

Accepting a restroom as your pumping space when the law requires a non-bathroom space can make pumping harder and isn't required of you.

What to do

1. Tell your employer before returning that you'll need pumping breaks and space.
2. Agree on a location that isn't a bathroom and can be locked or kept private.
3. Plan a rough pumping schedule and share it with your manager.
4. Keep a written record of your requests and the employer's responses.
5. Contact the DOL Wage and Hour Division if your employer doesn't comply.

Common mistakes:

• Waiting until the first day back to raise it
• Accepting a bathroom as the space
• Not keeping written records

ReportSpeedMan tip: If you work remotely, the PUMP Act still applies, and you're generally entitled to break time while working from home.

What I would actually do

I'd email my manager two weeks before returning, ask for a specific private space and a schedule, and keep that email.

The trade-off people miss: pumping breaks may be unpaid if you're fully relieved of duty and not using paid breaks, so plan your schedule with that in mind.

Signs it worked

You have a private, non-bathroom space and an agreed break schedule.

Quick FAQ

Does it apply to remote work?
Yes, generally.

Can my employer require a schedule?
You can agree on one, but needs may vary.

What if there's no room?
A temporary private space can qualify.

Wrap-up: Ask early, insist on a private non-bathroom space and keep a record. The law is on your side for the first year after birth.

Wiki: Wage and Hour Basics (FLSA) and Sleep Basics and Insomnia.

Pumping at work: read the originals

• DOL: FLSA protections to pump at work
• MedlinePlus: Breastfeeding