For many mamas, the idea of breastfeeding in public sounds scary or at least somewhat uncomfortable. While society has come a long way in learning to support nursing mamas, it still has a ways to go, and our laws are just starting to catch up. If you decide to breastfeed in public or pump at work, you will likely encounter many supportive business owners, employers and community members. But you may also get stares or even have someone ask you to cover up or move. At work, you might feel hesitant to ask your boss for time to pump or a private place to do it. This is why it’s so important to know your rights around breastfeeding, so you understand what you have a legal right to at work, and so that if one of those things does happen, you can politely (or not so politely) say, “Nope.”
Your Right to Breastfeed in Public
There is no federal law that discusses breastfeeding in public; however, 50 states and the District of Columbia have passed laws that say a mother has a right to breastfeed her child. In some cases, the laws simply say that breastfeeding in public does not violate indecent exposure laws, but in most cases, state laws go a little further in protecting a mama’s right to breastfeed in both public and private places, as long as she and her child have a right to be there in the first place. For an overview of individual state laws, click here.
Your Rights When It Comes To Pumping at Work
To understand your rights regarding pumping at work, you have to start with the Fair Labor Standards Act, which is the umbrella law for all of the related legislation. Established in 1938, the Fair Labor Standards Act protects workers against unfair labor practices. You can thank the Fair Labor Standards Act for things like the minimum wage, the 40-hour work week, overtime pay, and the prohibition of child labor. The FLSA also protects a parent’s right to take time off when their baby is born without losing their job. Several amendments to the FLSA provide support and infrastructure for breastfeeding and pumping moms, too. Don’t worry mama: we’ll break it all down for you.
How FLSA Protects Nursing and Pumping Moms
The FLSA’s first foray into protections for breastfeeding and pumping moms was called “Federal Break Time for Nursing Mothers.” This amendment passed in 2010, said that when both an employer and employee are subject to FSLA regulations, employers must provide:
- A private, functional space⸺that is not a restroom⸺for mamas to pump. If the space is not solely designated for lactation purposes, it must be made available to the working mother when she needs it. This also applies to “telework” employees, meaning if you’re on a Zoom call, you should be allowed to turn your camera off when you need to express milk.
- A reasonable amount of break time to pump.
These provisions were guaranteed to qualifying employees for up to a year after the baby’s birth.
A downside of this law is that the FLSA does not apply to every employer. Some small businesses (with under 50 employees) may not have to comply with the law if they can show that doing so would provide an undue hardship. Another problem with the original amendment is that it didn’t apply to all employees, either: it was reserved for nonexempt employees only. That meant that workers such as salaried nurses and teachers didn’t get the same protections as hourly employees.
Fortunately, the original protections of Break Time for Nursing Mothers took a big step forward in 2019 with the passing of the PUMP (Providing Urgent Maternal Protections) Act for Nursing Mothers. This amendment expanded the protections of the original amendment so that they apply to many more nursing mamas.
Small business owners can still get an exemption if they can prove undue hardship, but the PUMP Act now includes both exempt and nonexempt employees. The law also establishes the right to sue, adds new levels of enforcement, and says that if your employer doesn’t relieve you of all duties while you pump, then your break must be paid.
Other Laws Breastfeeding Mamas Should Know
There are a few more laws you may want to know about if you’re planning to breastfeed after your pregnancy:
- In 2019, Congress passed the Fairness for Breastfeeding Mothers Act, which, with a few exceptions, requires public buildings to have a private, hygienic space for nursing and pumping mothers, ideally one that is designated specifically for lactation.
- In 2023, the Equal Employment Opportunity Commission established the Pregnant Workers Fairness Act, which gives pregnant and nursing parents the right to request and receive reasonable accommodations from a covered employer unless the accommodation would provide undue hardship. These accommodations could include flexible hours, more breaks, or relief from strenuous activity.
Well mama, we know we’ve given you a lot of information, but we simply want you to know that in many if not most cases, your right to breastfeed or pump is going to be protected. If you think your rights as a nursing or pumping mama have been violated, you can start by filing a complaint with the Wage and Hour division of the Department of Labor.
And if your employer is not covered by the FLSA, don’t give up: any good employer will be open to supporting a great employee, regardless of whether it’s required by law. If that doesn’t work, you may now have recourse through the 2023 Pregnant Workers Fairness Act. Just know that plenty of people have your back, and we do, too.
At Bebe Bru, we can help you make feeding your baby with breastmilk easier and hassle-free. Find out how at www.thebebebru.com.
Please note that we are not legal experts. We strongly advise consulting with your legal team or HR department for any questions or concerns.
