Some women decide that they will breastfeed their babies after they’re born, but those women may not be able to take a lengthy maternity leave. It’s not uncommon for a woman to have to return to work while she’s still breastfeeding.
Women who need to pump breastmilk after they return to work have very specific protections. Employers must comply with these without subjecting the woman to discrimination, harassment or retaliation.
What breastfeeding protections exist?
Federal law allows women who need to pump breastmilk to take reasonable breaks as needed to pump. These protections apply up until the baby’s first birthday. While there’s not specific guidance regarding what’s reasonable, the woman will typically need to pump more often for younger babies and less often once her milk supply is established. In many cases, the frequency and duration of pumping sessions will vary, so flexibility is likely necessary.
What do employers have to do?
Employers must provide the woman with a private and secure place to pump. The area can’t be in the bathroom. It should be free of the possibility of someone intruding on the woman while she’s pumping. Typically, these pumping breaks are paid breaks as long as breaks for other employees are paid. Additionally, they must be paid if the employee isn’t relieved of all their duties when they pump.
Many employers willingly comply with the laws regarding breastfeeding employees, but there are times when an employer may not. Employees who have their right to pump breastmilk may opt to pursue legal action. Working with someone familiar with these matters may be beneficial, particularly if the case is complex.