Breastfeeding Month: Raising Awareness of Breastfeeding Rights in the Workplace

Written by N'kia

August is Breastfeeding Month, a global campaign by the World Alliance for Breastfeeding Action (“WABA”) to highlight the benefits of breastfeeding and the importance of support for breastfeeding mothers. The 2024 theme, “Closing the Gap: Breastfeeding Support for All,” emphasizes the need for inclusive support.

Despite numerous documented emotional and physical benefits of breastfeeding, many mothers face barriers such as lack of support, harmful marketing practices, and inadequate healthcare or healthcare access. Most barriers are especially dangerous for mothers in vulnerable groups.

In the United States, numerous laws establish and protect breastfeeding rights in the workplace, including:

The Affordable Care Act (“ACA”)

The ACA strengthened breastfeeding protections by amending the Fair Labor Standards Act (“FLSA”) to include the Break Time for Nursing Mothers law. It requires employers to provide reasonable break time to express milk for one year after the child’s birth and to provide a private, non-bathroom space to do so.

The Providing Urgent Maternal Protections (“PUMP”) for Nursing Mothers Act

The PUMP Act further expanded breastfeeding protections under the FLSA, filling the gap that

previously left approximately 1 of every 4 breastfeeding mothers without federal protection. The PUMP Act extends protections to such workers as drivers, home care workers, registered nurses, and teachers.

State Laws

In addition to federal laws, many states have enacted laws and regulations that protect breastfeeding mothers. For example, some states require employers to provide paid break time and other states extend protections beyond one year.

Employer Responsibilities and Best Practices

Beyond legal compliance, employers can adopt best practices such as providing flexible break time, offering a clean and private space for milk expression, and fostering a supportive work environment. These practices promote employee well-being and retention.

Conclusion

Employers play a crucial role in supporting breastfeeding employees. Understanding and adhering to breastfeeding laws in the workplace is essential for both employers and employees, helping to ensure that breastfeeding mothers can provide for their children and maintain their careers simultaneously.

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For more information on the “PUMP” Act: FLSA Protections to Pump at Work | U.S. Department of Labor (dol.gov)

You might also be interested in the Pregnant Workers Fairness Act: Client Alert: Pregnant Workers Fairness Act (munsonlawfirmnc.com)