Talking with Your Employer   

Open and respectful conversations with your employer or HR Department before you go on maternity leave can make your return to work smoother. Here are some tips to help guide those conversations:

  • Know Your Rights: Familiarize yourself with federal and state laws. Review your employee handbook and workplace policies early in pregnancy to feel confident when discussing your plans.
  • Plan You Leave Early: Discuss your general timeline with your manager or HR while you are still pregnant. You don’t need all the answers—starting early allows time for planning and support.
  • Discuss Your Plan to Pump at Work: If you plan to pump after returning to work, let your employer know. Ask for a tour of the dedicated lactation room. If they don’t have one, this gives them time to prepare and opens the door to talk about how your pumping breaks will be handled. 
  • Reach Out to HR for Support: If additional accommodations are needed, your employer is legally required to discuss solutions with you.
  • Connect with Experienced Coworkers: If comfortable, reach out to colleagues who have pumped at work. They may offer helpful tips about the pumping space, schedule, or navigating certain conversations. It’s always helpful to hear from someone who’s been through it before.

Why is Workplace Support Important for Breastfeeding?

Workplace support can have a major impact on breastfeeding success. A systematic review found that interventions such as private lactation spaces and break times for milk expression significantly improved breastfeeding rates among working mothers. Conversely, returning to work without support is strongly correlated with early breastfeeding cessation, highlighting the critical role of workplace accommodations.

Job Protections During Pregnancy and Lactation

Pregnancy should never be a reason for unfair treatment at work and federal law protects your rights during pregnancy, childbirth, and recovery. The Equal Employment Opportunity Commission (EEOC) enforces several key laws that safeguard pregnant and breastfeeding employees and job applicants from discrimination.

The Pregnancy Discrimination Act

The PDA prohibits sex discrimination and makes it illegal to discriminate against someone because of pregnancy, childbirth, or related medical conditions.

The Pregnant Workers Fairness Act (PWFA)

The PWFA requires employers to provide reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an "undue hardship" (meaning significant difficulty or expense) for your employer. The PWFA also protects you from being forced to accept an accommodation you didn’t request or from taking leave if another reasonable solution exists. Who is covered? All employees—full-time or part-time—working for employers with at least 15 employees, including private companies and government agencies are covered.

Examples of Reasonable Accommodations

  • More frequent or longer breaks
  • Light-duty tasks or the ability to sit while working
  • A flexible or adjusted work schedule or option to work remotely
  • Additional leave if needed for medical appointments

The Americans with Disabilities Act (ADA)

The ADA requires employers to provide reasonable accommodations for health conditions that temporarily or permanently affect your ability to perform your job. This can include pregnancy-related health conditions like preeclampsia, pregnancy-induced sciatica, anemia, and others that may limit your work duties. It may also cover postpartum conditions such as postpartum depression or anxiety and recovery from cesarean birth or other surgeries.

Your Rights to Pump at Work

Returning to work doesn’t mean giving up your right to nourish your baby. Federal law protects your ability to pump at work and recent changes have expanded those rights to cover more people, more situations, and offer you more support.

The Break Time for Nursing Mothers Law

This federal law supports your right to pump at work by requiring employers to: 

  • Provide reasonable break time to express breast milk as often as needed until your baby’s first birthday.

  • Offer a private, non-bathroom space that is shielded from view and free from intrusion for pumping.

  • In addition, your pumping location should also include:

    • A place to sit and a clean surface space for your pump

    • Access to an electrical outlet for your breast pump 

    • Reasonable Proximity to running water and your workspace

The Pregnant Workers Fairness Act (PWFA)

The PWFA extends protections for breastfeeding mothers by requiring reasonable workplace lactation accommodations. This law offers more flexibility, including no time limits for qualifying for reasonable accommodations, unless doing so would cause “undue hardship” to your employer. Examples of Lactation-Related Accommodations under PWFA:

  • More frequent or extended breaks to pump, eat, hydrate, or use the restroom

  • Ability to briefly leave work to breastfeed your baby if time and distance allow

  • Adjustments to your workspace or schedule to support your health and recovery

The Pump Act

Passed in 2022, The Pump Act (Providing Urgent Maternal Protections for Nursing Mothers) strengthens and expands the rights established under the Break Time for Nursing Mothers Law. It closes critical gaps and provides more meaningful protections for pumping moms at work. Here’s what The Pump Act adds:

  • Covers More Workers: Extends pumping protections to salaried and exempt employees, not just hourly workers.
  • Pay for Time Worked While Pumping: If you perform job duties (like answering emails or taking calls) while pumping, that time must be compensated.
  • Enforcement Rights: Employees can take legal action if their pumping pumping rights are violated, including monetary damages.
  • Applies to Nearly All Employers: Employers of all sizes are required to provide reasonable break time and a clean, private space for pumping. 

“Undue hardship” is extremely rare. In almost all situations, even employers with fewer than 50 employees must comply. A limited exception applies to airline flight crews (pilots and flight attendants), who are currently excluded while the government develops in-flight safety standards.

Understanding your legal rights and available workplace protections can help you approach pregnancy, maternity leave, and breastfeeding with confidence. While navigating these conversations may feel daunting, being informed empowers you to advocate for yourself and your baby’s needs, and the law is on your side. By planning ahead, communicating openly, and seeking support when needed, you can create a work environment that supports both your career and your breastfeeding journey.

Disclaimer: Our classes and accompanying materials are intended for general education purposes and should not replace medical advice. For personalized recommendations, please consult your healthcare provider and/or lactation consultant.