As breastfeeding counselors, you play a crucial role in supporting nursing parents. Part of that support includes understanding the laws that protect breastfeeding and pumping in the workplace. Knowing pumping laws is an important part of supporting parents.
While we are in the US and this article features US laws, it is important to note that many countries have lactation laws in place. If you are from another country, be sure to look into which laws exist where you are to best support your new families.
Why Are There Pumping Laws?
Pumping laws are essential for ensuring that lactating parents can balance their work and breastfeeding. We cannot encourage parents to breastfeed without providing legal protection which allows them to balance providing breast milk and work.
These laws provide protection and accommodations which help parents maintain their milk supply. Maintaining supply is an important part of helping parents meet their personal breastfeeding goals.
Key Federal Laws
- The Fair Labor Standards Act (FLSA)
The FLSA includes provisions for nursing parents under with Break Time for Nursing Mothers law. This law requires employers to provide:
- Reasonable Break Time: Employers must allow nursing mothers reasonable break time to express milk for one year after the child’s birth.
- Private Space: A private, non-bathroom space that is shielded from view and free from intrusion must be provided for pumping.
- The Affordable Care Act (ACA)
The ACA expanded the FLSA’s protections, mandating that employers covered by the FLSA comply with the Break Time for Nursing Mothers law. This expansion ensures more workplaces are obligated to support nursing parents.
State-Specific Laws
Some states have additional laws that offer additional protections and accommodations for nursing parents. These laws can vary significantly state to state, but commonly include:
- Extended Duration: Some states extend the period during which break time must be provided beyond one year.
- Broader Employer Coverage: States may have laws that apply to more employers, including smaller businesses not covered by federal law.
- Paid Breaks: In some states, the break time for pumping must be paid, whereas federal law does not require this.
Practical Tips for Supporting Parents
As a Certified Breastfeeding Counselor, it is important to know how to use the information about pumping laws to support your parents. So, how can you best support parents?
Stay Informed:
Keep up to date with both federal and state laws regarding breastfeeding and pumping. Resources such as the U.S. Department of Labor’s website and local health departments can be invaluable. You can also look at the World Health Organization website for information about why access to breast milk is important.
Educate Parents:
Help ensure the parents you support are aware of their legal rights and protections. You can support them by directing them to where these laws are published so they can provide them to their employer if needed.
Advocate for Workplace Support:
Our primary role as CBCs is to support families in their breastfeeding journey. However, many lactation experts also work in advocacy. Educating area employers about how to best support lactating parents can be an important part of advocacy.
You can help encourage employers to support by providing private spaces, reasonable break times, and a general culture of support for breastfeeding.
Offer Practical Solutions:
Help parents develop a pumping plan that fits their work schedule. Discuss strategies for storing milk, maintaining supply, and managing time effectively. You can also help support once they return to work and need to problem solve as plans do not always pan out as expected.
Provide Emotional Support:
Returning to work and continuing to breastfeed can be challenging. Offer emotional support and reassurance to parents, emphasizing the importance of their efforts and the benefits for their baby. It is also important to be empathetic and understanding if their breastfeeding goals need to change due to work. Reminding parents that however long they provide breast milk for their baby is amazing, whether a few days or a few years. It is also important they understand that breastfeeding does not need to be all or nothing, some families combination feed.
Understanding and advocating for pumping laws is an important part of your role as a breastfeeding counselor. Not a breastfeeding counselor? Get started today!