Break Time for Nursing Mothers FAQ

Breastfeeding Workplace FAQ Handout

Break Time for Nursing Mothers FAQ

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Can I use my own private office? Yes, as long as it meets the criteria and is agreed upon with your supervisor.
  6. 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.
  7. Which employers are covered by the law? All employers are covered except those with fewer than 50 employees and a federal government issued exemption.
  8. Where should I go for more information?