Pumping at work: A guide to breastfeeding laws and lactation policies

For many working women, returning to the office after childbirth can bring a mix of nerves and excitement. One aspect that employees often forget to address is supporting the breastfeeding and pumping needs of mothers at work. A well-defined lactation break policy not only helps ensure compliance with laws like the FLSA’s Pumping at Work provisions but also fosters a supportive environment for new moms. So what constitutes a breastfeeding policy at work, the legalities surrounding it, and how can employers support pumping at work rights with the help of a well-defined lactation break policy?

Understanding breastfeeding rules in the workplace

Under the Fair Labor Standards Act (FLSA), employers are required to provide a reasonable break time for employees to express breast milk. This pumping at work law applies to non-exempt employees for up to one year after a child’s birth.

breastfeeding policy lactation pumping at work policies and rights of working mothers and new mothers

A well-defined workplace breastfeeding rules policy can help beyond compliance matters. It shows new moms that their well-being matters inside and outside of the workplace.

Beyond the federal mandates, several state’s breastfeeding laws often work on these protections by offering additional breastfeeding break rights. For example, some states may require paid breaks or extended coverage beyond the one-year mark. This makes state by state lactation rights a key consideration, especially for multi-location employers.

A well-defined workplace breastfeeding rules policy can help beyond compliance matters. It shows new moms that their well-being matters inside and outside of the workplace. Employers can support new moms by providing a private, non-bathroom space for pumping, one that is equipped with a chair, table, and electrical outlet. This meets the federal lactation laws by state policy framework while also increasing morale and retention of working mothers returning to work.

Why a lactation policy at work matters

It is well-proven that breastfeeding offers several health benefits for both mother and child. Yet, a lot of working mothers face innumerable challenges after returning to work. A clear breastfeeding policy at work eliminates the guesswork around what is prohibited at work.

A well-defined lactation policy at work shows how often breaks can be taken, where working mothers can pump, and how managers should accommodate their pumping schedules. Without such a breastfeeding policy, new mothers may feel unsupported, which may risk productivity and even prompt them to leave their careers entirely.

This so-called ‘pumping at work’ law should not be seen as a small policy addition to your employee handbook. It is a cultural statement that’ll push your employer brand as one that cares for its employees. Companies that prioritize breastfeeding laws at work often see improved employee satisfaction and loyalty. We’ve seen in the post-COVID era how big of a differentiator it can be in a tight labor market.

Lactation laws by state

State breastfeeding laws vary widely despite the FLSA setting a federal standard on pumping at work rights. For example, California requires employers to provide a lactation space close to the employee’s desk. New York, on the other hand, requires refrigeration access for storing milk. Meanwhile, several states like Oregon and Illinois have added mandates to their state-by-state lactation rights by offering stricter penalties for non-compliance. Employers in these states must ensure their breastfeeding at work by state policies are compliant with local mandates.

Employers should also consult state-specific resources and update their lactation break policy on a regular basis. This ensures compliance with lactation laws by state and shows a proactive stance on employee support.

Best practices for a breastfeeding policy at work

It’s not that easy when it comes to best practices around a lactation policy in the workplace. As a matter of fact, creating a standout breastfeeding policy at work involves more than just meeting minimum pumping at work rights. Here are actionable steps to support new moms at work:

Create a lactation space for new moms: You must ensure that this new space is private, clean, and equipped with essentials like a lockable door and power source.

Accommodate flexible scheduling for mothers who need to pump at work: You must allow employees to take breaks as needed, thus staying in compliance with breastfeeding break rights.

Educate managers on these policies: Train supervisors and managers on workplace breastfeeding rules to foster understanding and empathy within the management and team members.

Communicate clearly during onboarding of a new employee: Share the office lactation policy during onboarding and make it easily accessible to all new moms.

Your support goes beyond compliance matters: Offer perks like lactation consultant access or pumping supplies to show commitment to new moms in the workplace.

Supporting breastfeeding at work

Creating a strong lactation break policy isn’t just about staying compliant to breastfeeding laws at work. There’s a lot more to it than sticking adherence to policies. Studies show that supportive breastfeeding policies can reduce absenteeism and healthcare costs. And let’s not forget, a forward-thinking pumping at work policy can enhance your employer brand.

Empowering moms, strengthening workplaces

A well-thought-out breastfeeding policy at work can help bridge the gap between legal obligations and genuine care for new moms returning to work. By aligning with FLSA pumping at work requirements and adhering to state breastfeeding laws, employers can empower new moms to thrive both, professionally and personally. Whether you’re refining an existing pumping at work policy or creating one, prioritizing lactation rights at work is a win for new mothers and employers alike.

You can win big by reviewing your state’s lactation laws and crafting a lactation policy that reflects both compassion and compliance.

Review your state’s lactation laws and build a breastfeeding policy that empowers working moms. Subscribe to The HR Digest for the latest HR news and compliance updates.

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