Balancing the demands of work and motherhood can be challenging, especially for breastfeeding moms. Many working mothers want to continue providing breast milk for their babies while maintaining their careers. The ability to pump breast milk at work is essential—not just for maintaining milk supply, but also for ensuring the baby gets enough milk and receives the best care possible. But you might be wondering: How often can you pump during the workday? What are your rights as a working and breastfeeding mom?
Keep reading, because this comprehensive guide will answer these questions and more.
Understanding Your Rights: Laws for Pumping at Work
The Fair Labor Standards Act (FLSA) provides federal protection for pumping moms in the workplace. Under the Break Time for Nursing Mothers provision of the FLSA, employers are required to provide reasonable break time and a private space for nursing moms to pump breast milk.
This provision applies to employers with 50 or more employees. Smaller Employers might be exempt if they can prove that compliance would cause undue hardship.
But wait, there’s more! Employers must provide a private space (not a bathroom) for pumping. This space should be shielded from view and free from intrusion.
If you are denied a private space or break time to pump, this may be a violation of your rights under the FLSA.
How Often Can You Pump During the Workday?
So, how many pumping breaks can you take in a day to express milk?
Nursing mothers can typically expect to pump every few hours during their workday, especially in the first two to four weeks after their child’s birth, when maintaining milk supply is crucial.
The frequency of pumping sessions depends on several factors, including your baby’s age, their bottle feeding schedule, how much milk they need, your milk supply, and how long you’re away from your baby.
Most babies require frequent feeding, so to ensure enough extra milk is stored, it’s important to use efficient pump parts and keep the expressed milk in an insulated bag with ice packs.
This setup helps breastfeeding moms preserve the milk for later use, preventing the production of less milk over time and allowing mothers to manage their pumping schedules effectively throughout the day.
While there is no specific, set in stone requirement, employers are required to provide reasonable break time for employees to express breast milk for their nursing child.
For a typical 8-hour workday, this might mean taking pumping breaks two to three times throughout the day. Here’s a sample schedule:
- Morning Pumping Session: Around 10:00 AM
- Midday Pumping Session: Around 1:00 PM
- Afternoon Pumping Session: Around 4:00 PM
But what if you’re working a longer shift? In that case, you may need to adjust your pump schedule. It’s crucial to communicate with your employer about your pumping needs and work together to create a schedule that aligns with your work responsibilities and breastfeeding goals.
But, where at work can you pump?
Where to Pump at Work?
In California, your employer is legally required to provide a private space for you to pump. This space should meet the following criteria:
Private Room:
It must be free from interruptions and out of view from others.
Comfortable:
The space should include a chair, a flat surface, and access to an electrical outlet.
Close to Work:
Ideally, it should be located near your work area to minimize time away from your tasks.
If your employer doesn’t have a dedicated lactation room, they should provide an alternative space that meets these requirements, such as a private office, conference room, or another suitable area. After all, your milk flow and milk production are both crucial aspects of this problem.
Some people might recommend frozen breast milk, but how you store pumped milk without exclusively pumping at the workplace is a real challenge.
Curious about the time commitment? Let’s dive into how much time you might need for each pumping session.
How Long Does It Take to Pump at Work?
The length of your pumping sessions can vary based on factors such as your milk supply and the type of breast pump you use. On average, most moms spend about 15-20 minutes per session.
If you’re using a double electric breast pump, you can pump both breasts simultaneously, which often reduces the time needed. Don’t forget to account for extra time to set up, clean up, and store your milk.
What Should You Do If You Are Denied Space or Break Time to Pump?
If your employer refuses to provide the necessary accommodations for pumping, you have the right to take action. Here’s what you can do:
- Discuss the Issue with Your Employer: Start by having a conversation with your employer or HR department. Explain your rights under the FLSA and request the appropriate accommodations.
- Document Everything: Keep detailed records of your requests, your employer’s response, and any instances where you were denied space or break time to pump.
- File a Complaint: If the issue isn’t resolved, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. You can also seek legal advice from an employment attorney who specializes in workers’ rights.
Can You Get Fired for Pumping at Work?
Absolutely not! It is illegal for an employer to retaliate against you for exercising your right to pump at work. This includes firing, demoting, or punishing you in any way for taking pumping breaks.
Think your rights have been violated? If you believe you’ve been wrongfully terminated or retaliated against, you may have solid grounds for a legal claim.
But what should you do next? Let’s dive in.
Filing a Complaint Against Your Employer
Should I File a Complaint?
If your rights as a breastfeeding mom have been violated, filing a complaint may be necessary. But before taking this step, consider a few things:
Severity of the Violation:
Has your employer consistently denied you breaks or a private space to pump? If so, it might be time to take action.
Attempts to Resolve:
Have you tried resolving the issue internally? If not, it’s a good idea to speak with HR or your supervisor first. But what if that doesn’t work? Keep reading!
Document Everything:
Be sure to keep a record of your requests, any denials, and any retaliation you experience. This documentation will be invaluable if you decide to file a complaint.
When Can I File a Complaint?
You can file a complaint as soon as your rights are violated. In California, you have up to one year to file a claim with the DFEH (Department of Fair Employment and Housing). Why wait? It’s important to act quickly, as delays could impact your case.
How Can I File a Complaint?
To file a complaint, you can contact the California Department of Fair Employment and Housing (DFEH) online or by phone. The process involves submitting a detailed account of your situation, and the DFEH will investigate your claim.
Not in California? You can also file a complaint with the U.S. Department of Labor’s Wage and Hour Division if your employer has violated the Fair Labor Standards Act.
What Might You Be Able to Recover If Your Right to Pump at Work Was Violated?
If your rights were violated, you may be entitled to recover damages. What could that include?
Back Pay:
Compensation for lost wages if you were demoted or fired.
Emotional Distress:
Compensation for any emotional harm caused by the violation. This might also apply to a business partner, causing emotional distress.
Legal Fees:
Reimbursement for the cost of hiring an attorney.
In some cases, you might also be able to seek punitive damages if your employer’s actions were particularly egregious. Ready to take the next step?
How an Attorney Can Support Your Right to Pump at Work
Dealing with the complexities of pumping breast milk at work can be overwhelming, especially if you’re unsure of your legal rights or facing resistance from your employer. Whether you’re struggling to secure adequate break time, a private space, or dealing with potential retaliation, having an attorney by your side can make all the difference.
Here’s how an attorney can provide essential support and guidance in protecting your rights as a breastfeeding mother in the workplace.
- Understanding Your Rights: An attorney can clarify your legal rights under federal and state laws, ensuring you’re fully aware of your entitlement to breaks and a private space for pumping at work.
- Evaluating Your Case: They’ll assess whether your employer’s actions violate your rights and determine if you have a valid legal claim. Wondering if you have a strong case? Your attorney can help you find out.
- Negotiating with Your Employer: An attorney can negotiate on your behalf to secure the necessary accommodations for pumping at work, ensuring you get the breaks and private space you need.
- Filing a Complaint: If negotiations don’t lead to a resolution, your attorney can assist in filing a formal complaint with the relevant agencies, making sure all procedures are correctly followed.
- Pursuing Legal Action: Should your case require litigation, an attorney will represent you in court to hold your employer accountable for any violations of your rights. Worried about the legal process? Your employment attorney will guide you every step of the way.
What More They Can Help With
- Recovering Damages: They can help you seek compensation for any financial or emotional damages caused by your employer’s actions.
- Ensuring Compliance with Future Rights: They can work with your employer to establish policies that protect your rights moving forward, preventing future violations.
- Protecting Against Retaliation: If you experience retaliation, an attorney can advise you on how to handle it, help you document everything, and take legal steps to safeguard your job.
Facing challenges at work? With an experienced attorney by your side, you can confidently assert your rights and ensure you receive the support you need.
Final Thoughts
Pumping breast milk at work isn’t just possible—it’s your legal right. By understanding your rights and establishing a practical pumping schedule, you can maintain your milk supply and provide the best care for your baby while advancing your professional career.
Empower Your Rights as a Working Mom with BLG
Facing challenges or violations of your rights? Don’t hesitate to seek legal assistance. As a working and breastfeeding mom, you deserve the support and accommodations necessary to thrive both at work and at home.
Feeling overwhelmed? You don’t have to navigate this alone. At BLG, we’re dedicated to supporting working moms like you. Our experienced attorneys can help you understand your rights and take action if they’ve been violated.
Contact us today for a free consultation. We’re here to empower your journey, both as a professional and a mother.
FAQs
What are the rules for pumping at work?
Employers must provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during work hours.
Is it OK to only pump during the day?
Yes, it’s fine to only pump during the day. Pumping frequency depends on your baby’s feeding schedule and your milk supply needs.
How often can you breast pump a day?
You can pump every 2-3 hours, typically 8-10 times in a 24-hour period, depending on your baby’s needs and your milk supply.
Can I sue my boss if they don’t offer a safe pumping space?
Yes, you can sue your employer if they don’t provide a safe, private space for pumping, as it’s a violation of federal law. Consulting with an employment attorney can help you pursue legal action and seek compensation.
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