A Legal Guide to Breastfeeding Breaks at Work

Are you a new mother preparing to return to work while breastfeeding? It's natural to feel overwhelmed, but knowledge is power. This guide addresses common concerns of working mothers who want to continue providing breast milk for their babies. 

We'll explore legal protections, practical tips, and strategies for overcoming challenges. Whether you're a first-time mom or experienced in balancing work and breastfeeding, this information will help you navigate this important transition with confidence.

Knowing Your Rights

The primary federal law protecting breastfeeding mothers in the workplace is the Fair Labor Standards Act (FLSA), as amended by the Patient Protection and Affordable Care Act in 2010. This law ensures reasonable break time and a private space for nursing mothers to express breast milk for up to one year after their child's birth.

Under the FLSA, you are entitled to a reasonable amount of break time to express breast milk as needed. Your workplace must provide a place, other than a bathroom, that is shielded from view and free from coworker and public intrusion. These requirements apply for one year after your child's birth.

Compliance with these regulations varies across the U.S., with some states offering stronger protections than others. Some states extend the duration beyond one year, require paid breaks, or apply the law more broadly. In California, for instance, state laws extend these protections beyond the federal mandate.

In Los Angeles, local ordinances further support breastfeeding mothers by ensuring more comprehensive rights and facilities. If you need specific legal advice regarding these protections, consider consulting a Los Angeles wage and hour lawyer who specializes in employment rights. It's essential to familiarize yourself with your state's specific laws, as they may offer more comprehensive protections than federal law.

Your Rights in Practice

The term "reasonable break time" is not specifically defined in federal law, as the frequency and duration of breaks will likely vary. Factors that may be considered include the time it takes to walk to and from the lactation space, the time to set up and clean the breast pump, and the time needed to express milk.

Typically, breastfeeding mothers need two to three breaks during an eight-hour shift, with each break lasting around 15-20 minutes, not including the time it takes to get to and from the designated lactation area.

The law requires that the space provided for expressing milk must be private and functional. It should be shielded from view and free from intrusion by coworkers and the public, and it must be suitable for expressing milk (i.e., not a bathroom).

Ideally, the space should include a comfortable chair, a flat surface for the breast pump, an electrical outlet, and proximity to a sink for washing hands and pump parts.

Communicating Your Needs

It's beneficial to discuss your breastfeeding needs before returning from maternity leave. This allows time for necessary arrangements and ensures a smoother transition back to work.

Schedule a meeting with your supervisor or HR representative to communicate your needs, including the estimated frequency and duration of breaks. Discuss the location where you'll be able to express milk and address any concerns or questions that may arise.

Once you've returned to work, maintain open communication. Be consistent with your break times when possible, and if you need to adjust your break schedule, communicate this promptly. Address any issues or concerns as they arise.

Preparing for Your Return to Work

As you plan your return to work, preparation is key to a smooth transition. Gradually introduce bottle feeding a few weeks before your return date to help your baby adjust. Build a milk supply by pumping extra milk and freezing it. 

Familiarize yourself with your breast pump, ensuring you're comfortable using it efficiently. Pack a bag with all necessary pumping supplies, including backup parts. Consider your work wardrobe, opting for nursing-friendly clothing that allows easy access for pumping. Practice your pumping routine at home to establish a comfortable rhythm. 

Discuss your breastfeeding goals with your childcare provider and provide them with proper storage and handling instructions for your expressed milk. Remember, the first few weeks back may be challenging, but with time and persistence, you'll find a balance between work and breastfeeding.

Overcoming Common Challenges

Time Management

Balancing work responsibilities with breastfeeding breaks can be challenging. Consider using a hands-free pumping bra to multitask during breaks, scheduling pumping sessions during natural breaks in your workday when possible, and using a double electric pump to express milk more quickly. Prepare everything you need for pumping in advance to save time.

Privacy Concerns

If you're concerned about privacy, use a sign on the door to indicate when the space is in use. You might also bring a shawl or nursing cover for additional privacy if needed. If you encounter privacy issues, address them immediately.

Milk Storage

Proper storage of expressed milk is crucial. Use milk storage bags or bottles clearly labeled with the date, and store milk in a refrigerator or cooler with ice packs. Always follow guidelines for the safe storage and handling of breast milk.

What to Do If Your Rights Are Violated

Document Everything: If you believe your rights are being violated, start by documenting everything. Keep a detailed log of incidents, including dates, times, and involved parties. Save any relevant emails or written communications and note any negative comments or actions about your breastfeeding breaks.

Internal Resolution: Try to resolve the issue internally first by discussing the problem with your immediate supervisor. If unresolved, escalate to HR or higher management. Reference specific company policies or laws that support your rights.

External Resources: If internal resolution attempts fail, consider contacting your state's labor department for guidance or filing a complaint with the U.S. Department of Labor's Wage and Hour Division. You might also consult with an employment lawyer specializing in women's rights.

Legal Action: As a last resort, you may need to consider legal action. Consult with a wage and hour attorney to understand your options, but be prepared for a potentially lengthy and stressful process. Weigh the potential benefits against the potential costs and stress of legal action.

Conclusion

Balancing work and breastfeeding is challenging, but with the right knowledge and preparation, it is achievable. Remember, you have legal rights to support your breastfeeding journey. Don't hesitate to communicate your needs and seek help if issues arise. 

By understanding your rights and planning effectively, you can successfully continue breastfeeding while thriving in your career. Your dedication to your baby's nutrition is commendable, and with proper support, you can make it work.

Frequently Asked Questions

If your workplace doesn't comply with the law, document and discuss the issue with HR. If unresolved, you can file a complaint with the Department of Labor.

No, it's illegal to discriminate against an employee for exercising their right to take breastfeeding breaks. If you face retaliation, consult an employment lawyer immediately.

Generally, no. Breastfeeding breaks are considered necessary accommodations. However, some workplaces might request you adjust your schedule to make up time if breaks are paid.