Cover for Me! I Need to pump!

Julie Reyes, DNP, RN

There are thousands of new mom nurses out there who may not be aware of their right to have a break during their shift in order to go and pump (I.e., express milk). In fact, this right is protected by the US Department of Labor and they are protected under the Affordable Care Act. However....I found it extremely interesting that only 27 states in the US currently have laws (in 2015) to protect a new mom's right to breastfeed in the workplace. This may be the difference between actually breastfeeding and breaks to express milk for the infant. I can't figure that little technicality out. Regardless of my inability to decipher legalese, I was able to figure out that we do in fact have laws in place to protect the new moms right to pump.

What are your rights?

Did you know the US Department of Labor has an employee rights card you can print out? You can get this card printed out for a quick reference - and it comes in English or Spanish. Please click this link for access to the card: Break Time for Nursing Mothers Employee Rights Card - Wage and Hour Division (WHD) - U.S. Department of Labor

TIME

The Fair Labor Standards Act (FLSA) requires employers to allow a nursing mother a break if they need to express milk for up to one year after the birth of their child. The mother will be allowed a "reasonable amount of break time [to express milk] as frequently as needed by the nursing mother." Obviously, the time needed by each mom will vary. Some states will adhere to the "reasonable" or "adequate" time frame, but there are some states which will allow women to have unpaid 30-minute breaks during each four hour shift to pump or breastfeed.

However - nursing nurses should be aware that employers with fewer than 50 employees are not subject to the FLSA break time requirement if this will place an undue hardship on the employer (some states have a minimum of 25 employees in their requirement). Additionally, an employer does not have to compensate the employee if the employee has already taken the allotted amount of compensated breaks during her shift. So, if you are a nurse who works a 12 hour shift and you have to pump every 2-3 hours, only your covered breaks (usually 2 per shift) and lunch will be covered. Your other time away to pump may not be, and your employer may require you to clock in/out during your other pumping breaks, and that is legal. You would have to verify your state laws regarding this.

SPACE

New moms also should be provided a place to pump that is private - and a bathroom is not considered acceptable. The space provided for you must be functional for expressing milk (you may need a plug for your pump); must be shielded from the view of others (it may be an office or behind a closed curtain); must be free from intrusion; must be available as needed; and MUST NOT BE A BATHROOM. Some states may go a bit further and have a condition that includes the space must be in close proximity to the workplace.

The thing is - you should not be the nurse who claims to need to go pump (but you are not nursing or pumping) and then go fall asleep in the bathroom till the end of your shift (unfortunately, this is a true story...).

For a quick reference to find out if your state has a law(s) about breastfeeding in the workplace, please refer to the table below taken from Which 27 States Have Laws Protecting Breastfeeding in Workplace?

State Laws about Breastfeeding in Workplaces

No State Law

Alabama
Alaska
Arizona
Delaware
Florida
Idaho
Iowa
Kansas
Kentucky
Maryland
Massachusetts
Michigan
Missouri
Nebraska
Nevada
New Hampshire
New Jersey
North Carolina
Ohio
Pennsylvania
South Carolina
South Dakota
U.S. Virgin Islands
West Virginia
Wisconsin

State Laws on Record

Arkansas - Ark. Stat. Ann. § 11-5-116 (2009) requires an employer to provide reasonable unpaid break time each day to an employee who needs to express breast milk for her child and requires an employer to make a reasonable effort to provide a private, secure and sanitary room or other location other than a toilet stall where an employee can express her breast milk. (2009 Ark. Acts, Act 621, HB 1552)

California - Cal. Assembly Concurrent Resolution 155 (1998) encourages the state and employers to support and encourage the practice of breastfeeding by striving to accommodate the needs of employees, and by ensuring that employees are provided with adequate facilities for breastfeeding and expressing milk for their children. The resolution memorializes the governor to declare by executive order that all state employees be provided with adequate facilities for breast feeding and expressing milk. 2013 Cal. Stats., Chap. 563 specifies that pursuant to Cal. Civil Code § 43.3, an applicant or recipient of CalWORKs is entitled to breastfeed in any public area, or area where the mother and child are authorized to be present, including in a county welfare department or other county office. (SB 252)

Colorado - Colo. Rev. Stat. § 8-13.5-101 et seq. (2008) require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for up to two years after the child's birth. The employer must make reasonable efforts to provide a place, other than a toilet stall, for the employee to express breast milk in privacy. The law also requires the Department of Labor and Employment to provide, on its website, information and links to other websites where employers can access information regarding methods to accommodate nursing mothers in the workplace. (2008 Colo., Sess. Laws, Chap. 106, HB 1276)

Connecticut - Conn. Gen. Stat. § 31-40w (2001) requires employers to provide a reasonable amount of time each day to an employee who needs to express breast milk for her infant child and to provide accommodations where an employee can express her milk in private. (HF 5656)

District of Columbia - The law also specifies that an employer shall provide reasonable daily unpaid break periods, as required by the employee, so that the employee may express breast milk for her child. These break periods shall run concurrently with any break periods that may already be provided to the employee. Requires that an employer make reasonable efforts to provide a sanitary room or other location, other than a bathroom or toilet stall, where an employee can express her breast milk in privacy and security. The location may include a childcare facility in close proximity to the employee's work location. (2007 D.C. Stat., Chap. 17-58; B 133)

Georgia - Ga. Code § 34-1-6 (1999) allows employers to provide daily unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the workplace for this activity. The employer is not required to provide break time if to do so would unduly disrupt the workplace operations.

Hawaii - 2013 Hawaii Sess. Laws. Act. 249 requires specified employers to provide reasonable break time for an employee to express milk for a nursing child in a location, other than a bathroom, that is sanitary, shielded from view and free from intrusion. The law also requires employers to post notice of the application of this law in a conspicuous place accessible to employees. (SB 532) Hawaii Rev. Stat. § 367-3 (1999) requires the Hawaii Civil Rights Commission to collect, assemble and publish data concerning instances of discrimination involving breastfeeding or expressing breast milk in the workplace. The law prohibits employers to forbid an employee from expressing breast milk during any meal period or other break period. (HB 266) Hawaii Rev. Stat. § 378-2 provides that it is unlawful discriminatory practice for any employer or labor organization to refuse to hire or employ, bar or discharge from employment, withhold pay from, demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. (2000 Hawaii Sess. Laws, Act 227; HB 2774)

Illinois - Ill. Rev. Stat. ch. 820 § 260 (2001) creates the Nursing Mothers in the Workplace Act. Requires that employers provide reasonable unpaid break time each day to employees who need to express breast milk. The law also requires employers to make reasonable efforts to provide a room or other location, other than a toilet stall, where an employee can express her milk in privacy. (SB 542)

Indiana - Ind. Code § 5-10-6-2 and § 22-2-14-2 (2008) provide that state and political subdivisions shall provide for reasonable paid breaks for an employee to express breast milk for her infant, make reasonable efforts to provide a room or other location, other than a toilet stall, where the employee can express breast milk in private and make reasonable efforts to provide for a refrigerator to keep breast milk that has been expressed. The law also provides that employers with more than 25 employees must provide a private location, other than a toilet stall, where an employee can express the employee's breast milk in private and if possible to provide a refrigerator for storing breast milk that has been expressed. (2008 Ind. Acts, P.L. 13, SB 219)

Louisiana - 2013 La. Acts, P.A. 87 requires public school boards to adopt a policy to require each school to provide an appropriate, private room, other than a restroom, that may be used by an employee to express breast milk. The school must also provide a reasonable amount of break time to accommodate an employee needing to express breast milk for up to one year following the birth of her child. (HB 635) 2011 La. Acts, P.A. 269 requires certain state buildings to provide suitable areas for breastfeeding and lactation. (2011 HB 313).

Maine - Me. Rev. Stat. Ann. tit. 26, § 604 (2009) requires an employer to provide adequate unpaid or paid break time to express breast milk for up to 3 years following childbirth. The employer must make reasonable efforts to provide a clean place, other than a bathroom, where an employee may express breast milk in privacy. The employer may not discriminate against an employee who chooses to express breast milk in the workplace. (2009 Me. Laws, Chap. 84, HB 280)

Minnesota - Minn. Stat. § 181.939 (1998, 2014) requires employers to provide daily, unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a bathroom or toilet stall, in close proximity to the workplace that is shielded from view, free from intrusion and has an electrical outlet. The law specifies that an employer may not retaliate against an employee for asserting rights or remedies under this act. (1998 SB 2751; 2014 HB 2536)

Mississippi - Miss. Code Ann. Ch. 1 § 71-1-55 (2006) prohibits against discrimination towards breastfeeding mothers who use lawful break time to express milk.

Montana - Mont. Code Ann. § 39-2-215 et seq. specifies that employers must not discriminate against breastfeeding mothers and must encourage and accommodate breastfeeding. Requires employers to provide daily unpaid break time for a mother to express breast milk for her infant child and facilities for storage of the expressed milk. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the work place for this activity.

New Mexico - N.M. Stat. Ann. § 28-20-2 (2007) requires employers to provide a clean, private place, not a bathroom, for employees who are breastfeeding to pump. Also requires that the employee be given breaks to express milk, but does not require that she be paid for this time.

New York - N.Y. Labor Law § 206-c (2007) states that employers must allow breastfeeding mothers reasonable, unpaid break times to express milk and make a reasonable attempt to provide a private location for her to do so. Prohibits discrimination against breastfeeding mothers.

North Dakota - N.D. Cent. Code § 23-12-17 provides that an employer may use the designation "infant friendly" on its promotional materials if the employer adopts specified workplace breastfeeding policies, including scheduling breaks and permitting work patterns that provide time for expression of breast milk; providing a convenient, sanitary, safe and private location other than a restroom for expressing breast milk; and a refrigerator in the workplace for the temporary storage of breast milk. The law also directs to the state department of health to establish guidelines for employers concerning workplace breastfeeding and infant friendly designations. (2009 SB 2344)

Oklahoma - Okla. Stat. tit. 40, § 435 (2006) requires that an employer provide reasonable unpaid break time each day to an employee who needs to breastfeed or express breast milk for her child. The law requires the Department of Health to issue periodic reports on breastfeeding rates, complaints received and benefits reported by both working breastfeeding mothers and employers. (HB 2358)

Oregon - Or. Rev. Stat. § 653.075, § 653.077 and § 653.256 (2007) allow women to have unpaid 30-minute breaks during each four-hour shift to breastfeed or pump. Allows certain exemptions for employers. (HB 2372)

Puerto Rico - 3 L.P.R.A. § 1466 and 29 L.P.R.A. § 478a et seq. provide that breastfeeding mothers have the opportunity to breastfeed their babies for half an hour within the full-time working day for a maximum duration of 12 months.

Rhode Island - R.I. Gen. Laws § 23-13.2-1 (2003) specifies that an employer may provide reasonable unpaid break time each day to an employee who needs to breastfeed or express breast milk for her infant child. The law requires the department of health to issue periodic reports on breastfeeding rates, complaints received and benefits reported by both working breastfeeding mothers and employers, and provides definitions. (2003 HB 5507, SB 151; 2008 R.I. Pub. Laws, Chap. 475, HB 7906)

Tennessee - Tenn. Code Ann. § 50-1-305 (1999) requires employers to provide daily unpaid break time for a mother to express breast milk for her infant child. Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the workplace for this activity. (1999 Tenn. Law, Chap. 161; SB 1856)

Texas - Tex. Health Code Ann. § 165.003 et seq. provides for the use of a "mother-friendly" designation for businesses who have policies supporting worksite breastfeeding. (HB 340) The law provides for a worksite breastfeeding demonstration project and requires the Department of Health to develop recommendations supporting worksite breastfeeding. (HB 359)

Utah - 2012 Utah House Joint Resolution 4 encourages employers to recognize the benefits of breastfeeding and to provide unpaid break time and an appropriate space for employees who need to breastfeed or express their milk for their infant children.

Vermont - Vt. Stat. Ann. tit. 21, § 305 requires employers to provide reasonable time throughout the day for nursing mothers to express breast milk for three years after the birth of a child. Also requires employers to make a reasonable accommodation to provide appropriate private space that is not a bathroom stall, and prohibits discrimination against an employee who exercises or attempts to exercise the rights provided under this act. (2008 Vt. Acts, Act 144, HB 641; 2013 Vt. Acts, Act 31, HB 99)

Virginia - VA. House Joint Resolution 145 (2002) encourages employers to recognize the benefits of breastfeeding and to provide unpaid break time and appropriate space for employees to breastfeed or express milk.

Washington - Wash. Rev. Code § 43.70.640 (2001) allows any employer, governmental and private, to use the designation of "infant-friendly" on its promotional materials if the employer follows certain requirements. (2001 Wash. Laws, Chap. 88)

Wyoming - Wyo. House Joint Resolution 5 (2003) encourages breastfeeding and recognizes the importance of breastfeeding to maternal and child health. The resolution also commends employers, both in the public and private sectors, who provide accommodations for breastfeeding mothers.

If your employer is not providing you with a break and/or adequate time to pump, is not providing you with a place to pump, or is retaliating against you in any form or fashion regarding breastfeeding or pumping, you might want to file a complaint with the Wage and Hour Division. The phone number for more information or to file a complaint is 1-866-487-9243 or visit: Wage and Hour Division (WHD) - U.S. Department of Labor

Resources

Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

Wage and Hour Division (WHD) - U.S. Department of Labor

Faqs - Break Time for Nursing Mothers - Wage and Hour Division (WHD) - U.S. Department of Labor

Break Time for Nursing Mothers Employee Rights Card - Wage and Hour Division (WHD) - U.S. Department of Labor Which 27 States Have Laws Protecting Breastfeeding in Workplace?