Breastfeeding Workplace FAQ Handout
Break Time for Nursing Mothers FAQ
- What rights do I have as a nursing mother at work? You have the right to break time to express breast milk for your nursing child for 1 year after the child’s birth. All non-exempt employees who are covered by the Fair Labor Standards Act have this right. For more details about who is covered, see the links below.
- How often and long can I express milk? Reasonable break time is required by law. Frequency and duration of each break will likely vary, depending on the needs of the mother.
- Are the breaks compensated or uncompensated? Uncompensated, unless you already receive compensation for your regular breaks. Any additional time spent expressing milk will be uncompensated.
- What kind of space must my employer provide? A place other than a bathroom that has a locked door, is shielded from view, and is free from intrusion by coworkers and the public. A sink or refrigerator in or near the pumping space may be available but is not required. It does not need to be a permanent dedicated space, but it must be available each time you need it.
- Can I use my own private office? Yes, as long as it meets the criteria and is agreed upon with your supervisor.
- Where can I store my milk? In a break room refrigerator, a designated refrigerator, or your personal cooler. It’s helpful to label the container with your name and date.
- Which employers are covered by the law? All employers are covered except those with fewer than 50 employees and a federal government issued exemption.
- Where should I go for more information?