Nursing Moms Rights in the Workplace
As of 2018, all fifty states have laws that protect nursing mothers rights to feed their babies in any public or private location.
The right to pump at work is nationwide and determined by the Affordable Care Act (ACA) signed in 2010, which includes Section 4207 of the law which amends the Fair Labour Standards Act (FLSA) of 1938 ‘to require an employer to provide a reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth, each time the employee has need to express milk. The employer must also provide a place, other than a bathroom, for the employee to express breast milk’.
All employers with 50+ employees have to provide a secure lactation room shielded from view. It is important to know the specific state level laws and interpretations in your state, whether you are a nursing mom or employer. Use our interactive map below to see the details in your state.
Returning to work after having a child can be an exciting time for many, but it can also be difficult. You need to question how you can nurse hygienically and at your convenience whilst at work. Checking what laws apply to you at work and in public is important as these differ depending on the state. In many states now breastfeeding is actively encouraged by the law and there is a lot of protection for mothers. Make sure you check what laws apply to you, and if you feel like your employer/local amenity/community could be doing more - then say!
Pumping is a right, not a privilege.
Providing a lactation space is not only highly desired by breastfeeding employees who return to work after childbirth, but is also the law applicable to many employers. The law varies depending on your state, how many employers you have, and whether your employees are exempt or non exempt.
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