.jpg?width=1170&name=FranklyHR_blog_Header%20(1).jpg)
Understanding Lactation Accommodations in The Workplace
Sep 19, 2024 8:00:00 AM
Since 2010 federal law has required employers covered under the FLSA to allow nursing mothers a reasonable space and amount of time to express breastmilk. These provisions lay the foundation for the term lactation accommodations. In 2022, the introduction of the Providing Urgent Maternal Protections for Nursing Mothers Act, or the PUMP Act, expanded these protections for nursing mothers by:
- Expanding the legal right of lactation accommodations to nearly 9 million more workers across previously excluded industries.
- Making it possible for an employee to file a lawsuit against an employer that violates the law.
- Clarifying that pumping time counts as time worked if an employee is not relieved from their duties during pumping breaks.
Employer Responsibilities
Lactation accommodations are a critical aspect of workplace inclusivity, ensuring that breastfeeding employees have the necessary support to continue breastfeeding or expressing milk after returning to work.
Employers are obligated to provide the following accommodations to nursing employees, up to 1 year after childbirth:
- Reasonable break times for milk expression.
- A lactation space that is private, clean, and functional.
Employers of all sizes are required to provide lactation accommodations to employees, however, employers that have fewer than 50 employees may be excused from complying with providing required break times and space if they can prove that doing so would cause undue hardship. Employers should keep in mind that this is extremely rare, and, in almost all situations, accommodation requests can be met.
Additionally, employers must also ensure that these accommodations are not discriminatory and do not negatively impact the employee's job status or opportunities.
Time Accommodations
While most employees can and will use their standard breaks and meal periods to pump or express milk, the law recognizes that women will have different needs for pumping breaks. This requires employers to be flexible.
In work settings where schedules are often more rigid, such as manufacturing and education, reasonable time accommodations can still be made. For example, breaks can be scheduled ahead of time so employers can plan for and offer coverage during the break.
Federal law does not require employers to pay for breaks needed to express milk. However, the U.S. Department of Labor advises that if paid breaks are provided by the company, then those breaks must continue to be paid if nursing moms use them to pump at work. As governed by the updates made by the PUMP Act, any break where the employee is not completely relieved of duty should also be paid.
Space Accommodations
According to the U.S. Department of Labor, employers must provide a space that is:
- Functional for expressing milk (at a minimum, has a chair and a flat surface for pumping equipment)
- Shielded from view
- Free from intrusion by the public and coworkers
- Available whenever a mother needs to pump or express milk
- Not a bathroom
The space provided by employers does not have to be permanent, however, even temporary locations for milk expression must meet all the requirements listed above. Examples of a temporary location could include an office, a large supply closet equipped with a table and chair, a conference room, or an employee lounge/break room.
Examples of Accommodations
In some industries, such as construction and manufacturing, there is not always an obvious space to provide necessary lactation accommodations. The Office of Women’s Health offers an array of space and time solutions that can be implemented in all industry sectors.
Some unique situations include:
- Food service establishments may use a manager’s office or storage area as temporary and flexible lactation space.
- Outdoor job sites might consider using a mobile or flexible space such as a car, company van, or an individual pop-up tent. Some companies may purchase a portable restroom shell with the toilet removed to create portable, clean, and private lactation space.
Next Steps for Employers
Employers should strive to develop a formal lactation accommodation policy that clearly communicates the company’s guidelines and expectations surrounding the time and space needed for milk expression.
A clearly communicated formal policy, combined with support from management, will help create an inclusive environment for pumping mothers and help ensure compliance with federal laws and regulations. Employers should also be mindful of any state and local laws that may apply.
If you need assistance in creating a lactation accommodation policy, or have questions regarding a current policy or an accommodation request, please reach out to your FrankAdvice HR Consultant.
