Pumping at work: your rights

Work it out for your family: Breast pump through insurance. Which suppliers take your insurance, which pumps are free, and when you can order.

The short answer

Under federal law, most employees can take a reasonable break to pump each time they need to, for up to 1 year after their child’s birth. Your employer must also give you a private place to pump that isn’t a bathroom [1][2]. The law is the PUMP for Nursing Mothers Act, which updated the Fair Labor Standards Act in 2022.

Some states give you more, such as paid breaks or a longer window. They’re listed below.

Yes, the law has to spell out “other than a bathroom.” Now you can quote it.

Who’s covered

The rights apply to nearly all employees covered by the Fair Labor Standards Act. Since December 29, 2022, that includes salaried employees who are exempt from overtime, not only hourly ones [1].

There are three exemptions:

• Small employers, sometimes. An employer with fewer than 50 employees doesn’t have to comply if it would cause undue hardship. That means significant difficulty or expense for that business, given its size, finances and structure [2]. It isn’t automatic. Being small isn’t enough on its own.
• Airline crewmembers, such as pilots and flight attendants, are exempt [1][2].
• Some rail and motorcoach workers may be exempt, if complying would mean significant expense or unsafe conditions [1].

Since April 28, 2023, an employer that breaks the law can owe back wages plus an equal amount in damages, among other remedies [1].

Another federal law that may help

The Pregnant Workers Fairness Act (PWFA) covers employers with 15 or more employees. It requires reasonable accommodations for known limitations related to pregnancy, childbirth or related conditions. The EEOC’s guidance says this can include changes that let you pump or nurse during work hours [3]. It may help when you need something the PUMP Act doesn’t cover.

Before you go back

You don’t need a perfect plan. A short conversation and one email go a long way.

1. Tell your manager or HR before your return date. Say you’ll need pumping breaks and a private space.
2. Ask where you’ll pump. Visit the room before your first day back. Check for a lock or a sign, a chair and a flat surface.
3. Ask where to store milk and whether there’s a fridge.
4. Put the plan in an email and keep a copy. A written record helps if anything changes.
5. Block the time on your calendar. Coworkers book over open time.
6. Pack a spare kit. Extra pump parts, a hands-free bra and a charger save a bad afternoon.

How often and how long you pump is a health question. Ask your doctor, midwife or a lactation consultant.

If your employer says no

1. Raise it in writing with your manager or HR. Name the PUMP Act.
2. File a complaint with the Wage and Hour Division (WHD). Call 1-866-487-9243 (1-866-4USWAGE) [4]. Complaints are confidential, and your employer can’t retaliate against you for filing one [4].
3. Know the 10-day rule before you sue. For a lawsuit about the space, you generally must tell your employer first and give it 10 days to fix the problem [2]. You skip the wait if you were fired for asking for breaks or space, or for objecting. You also skip it if your employer said it won’t provide a space [2]. The rule doesn’t apply to complaints to WHD, or to lawsuits about break time [1].
4. Check your state’s law. Your state labor department enforces state rights, which can go further.

This guide explains the rules. It isn’t legal advice. For your situation, check with your HR team or the Wage and Hour Division, or talk to an employment lawyer.

States that go further

The federal law doesn’t override state or local laws that protect you more [1]. Your employer has to follow both, so in practice the more generous rule wins. A few examples:

• New York. Every employer must give you 30 minutes of paid break time each time you need to pump, for up to 3 years after the birth. You can use your regular paid breaks or meal time for longer sessions. Your employer can’t make you work extra time to make up for pumping breaks. The space can’t be a restroom or a toilet stall. Complaints go to the New York State Department of Labor [5].
• Colorado. Employers with 1 or more employees must give you break time for up to 2 years after the birth. The breaks can be unpaid, or you can use paid breaks and meal time. Before suing under the state law, you go through nonbinding mediation [6].
• California. Every employer, including the state, must give you reasonable break time each time you need to pump. Employers with fewer than 50 employees may be exempt under certain conditions. The space must be close to your work area and clean and safe. It must have a place to sit, a surface for your pump and electricity. You also need access to a sink and a refrigerator nearby. Breaks can be unpaid if they don’t overlap your paid rest breaks. The state can fine an employer $100 for each day it denies you a break or a space. You can also claim one hour of pay for each violation [7].

Other states have their own rules. Search your state labor department’s site for “lactation” or “breastfeeding.”

Sources

1. US Department of Labor, Wage and Hour Division, “Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work.” dol.gov
2. United States Code, 29 USC 218d, “Breastfeeding accommodations in the workplace.” law.cornell.edu
3. US Equal Employment Opportunity Commission, “What You Should Know About the Pregnant Workers Fairness Act.” eeoc.gov
4. US Department of Labor, Wage and Hour Division, “How to File a Complaint” and “FLSA Protections to Pump at Work.” dol.gov, dol.gov
5. New York State Department of Labor, “Breast Milk Expression in the Workplace.” dol.ny.gov
6. Colorado Department of Labor and Employment, “Workplace Accommodations for Nursing Mothers” and “INFO #7: Workplace Accommodations for Nursing Employees” (January 2026). cdle.colorado.gov, cdle.colorado.gov
7. California Department of Industrial Relations, Labor Commissioner’s Office, “Lactation Accommodation.” dir.ca.gov

Open the breast pump through insurance