Returning to work after the birth of a baby can be a major transition. For employees who are breastfeeding or expressing milk, planning ahead can make that transition easier.
Employers also have an important role to play. Providing adequate break time, a private and functional space for expressing milk, and a workplace culture that supports breastfeeding employees helps employees continue breastfeeding while returning to their jobs.
This resource provides basic information for employees preparing to return to work and for employers who want to understand their responsibilities and create supportive workplaces.
Breastfeeding and employment are compatible
Returning to work does not have to mean ending breastfeeding.
Employees may continue breastfeeding by feeding their babies directly when they are together and expressing milk during periods of separation.
Making this possible requires cooperation between employees and employers, adequate time and space for expressing milk, and realistic workplace policies.
Planning should begin before the employee returns to work.
Know your rights and responsibilities
Federal and Massachusetts laws provide important protections for breastfeeding employees.
Federal protections
The federal PUMP for Nursing Mothers Act expanded workplace protections for employees who need to express breast milk.
In general, covered employees are entitled to:
- reasonable break time to express breast milk each time they need to do so for up to one year after the birth of a child; and
- a private space, other than a bathroom, that is shielded from view and free from intrusion by coworkers and the public.
The law applies to most employees, although some workers and employers are subject to different requirements or exemptions.
Employees who believe their rights have been violated can obtain information from the U.S. Department of Labor.
Massachusetts protections
Massachusetts law provides additional protections for pregnant and lactating employees through the Massachusetts Pregnant Workers Fairness Act.
Lactation and the need to express breast milk are considered pregnancy-related conditions.
Employers may be required to provide reasonable accommodations, including break time and appropriate private space for expressing breast milk, unless doing so would impose an undue hardship on the employer.
Employees are also protected from discrimination and retaliation for requesting or using reasonable accommodations.
Planning your return to work: Information for employees
Whenever possible, talk with your employer before returning from leave.
You may want to discuss:
- where you will express milk;
- access to refrigeration or another safe way to store expressed milk;
- access to an electrical outlet if you use an electric pump;
- access to a clean surface and nearby handwashing facilities;
- how your work responsibilities will be covered during breaks;
- how your schedule will provide flexibility as your baby’s feeding patterns and your milk production change;
- possibility for gradual return to work and work from home some days/hours;
The amount of time and frequency needed to express milk vary from person to person and change over time.
A conversation before returning to work gives both the employee and employer time to identify potential problems and develop workable solutions.
Supporting breastfeeding employees: Information for employers
Employers do not need an expensive lactation facility to support breastfeeding employees.
A functional lactation space should be:
- private and protected from intrusion;
- available when employees need to use it;
- clean and safe;
- equipped with a chair and a flat surface for a breast pump and other supplies;
- near an electrical outlet when employees use electric pumps; and
- reasonably accessible to handwashing facilities and safe milk storage.
A bathroom is not an appropriate space for expressing milk and does not satisfy federal or state requirements.
A permanent lactation room may be the best solution in larger workplaces.
Smaller employers and workplaces with limited space can develop other solutions, such as converting an office, conference room, wellness room, or other private space for use when needed.
The important question is not whether an employer has a dedicated lactation room. It is whether breastfeeding employees have adequate time and a private, functional, accessible place to express milk when they need to do so.
Break time must be realistic
Expressing milk takes time.
Employees may need time to reach the lactation space, assemble and clean pumping equipment, express milk, store the milk safely, and return to their work area.
The frequency and length of breaks vary among employees and change as the baby grows.
Employers and employees should communicate about what is needed and develop arrangements that work for both the employee and the workplace.
Create a supportive workplace culture
A lactation room is only one element in creating a breastfeeding-supportive workplace.
Supervisors and coworkers should understand that expressing milk is a normal part of returning to work for many employees, and that it is temporary and will likely only last a few months.
Employees should not be made to feel that using legally protected break time is an inconvenience to coworkers or a sign of lack of commitment to their jobs.
Employers can help by:
- creating a written lactation accommodation policy;
- informing employees about available space and support;
- training supervisors and human resources staff about legal requirements and workplace policies;
- providing a clear process for the request;
- responding promptly when an employee raises a concern; and
- periodically asking employees how the support provided is working, and where improvements can be made.
Different workplaces require different solutions
Supporting breastfeeding employees may require creativity.
An office worker, teacher, health care worker, restaurant employee, factory worker, first responder, agricultural worker, retail employee, and employee who travels for work face very different challenges.
Some employees do not work in a fixed location. Others work in settings where leaving their position requires another employee to provide coverage.
Employers should work with employees to identify practical solutions appropriate to the workplace. Lactation professionals can also provide much insight and practical solutions.
Breastfeeding support benefits employees and employers
Workplace support can help employees continue breastfeeding for as long as they choose.
Supportive policies can also help employers retain experienced employees, reduce disruption during the return-to-work transition, and demonstrate a commitment to employee and family well-being.
Creating a breastfeeding-supportive workplace does not always require major expenditures.
It requires planning, communication, flexibility, and a willingness to solve problems.
Start the conversation early
Employees should not have to wait until their first day back at work to discover whether they will have adequate time and space to express milk. Employers should not have to develop accommodations hurriedly after an employee returns. Planning before the return to work gives everyone time to identify needs and develop workable solutions.
If you are an employee preparing to return to work, consider sharing this resource with your supervisor or human resources department and asking to discuss your needs before your return date. If you are an employer, consider reviewing your workplace policies and facilities now—before an employee needs them.
Supporting breastfeeding employees is part of creating workplaces where employees can return to their jobs, care for their families, and continue breastfeeding for as long as they choose.
Resources
For current information about federal workplace protections for nursing employees, visit the U.S. Department of Labor.
For information about Massachusetts workplace protections related to pregnancy and lactation, visit the Massachusetts Commission Against Discrimination.
The U.S. Department of Health and Human Services Office on Women’s Health also provides practical resources for employees and employers on breastfeeding and returning to work.
The U.S. Breastfeeding Committee has information and guidance on federal PUMP Act.
Massachusetts Breastfeeding Coalition provides information and resources to help families, employers, health professionals, and communities support breastfeeding across the Commonwealth, including a template workplace breastfeeding support policy for employers.
Photo credits: Phung Touch (federal protections); Ivan S (pregnant woman); United States Breastfeeding Committee (all others)
