Feel Empowered at Work: Understanding Your Pumping Rights and Protections

Quick Answer: U.S. law protects your right to pump breast milk at work in a private, non-bathroom space with reasonable break time as often as you need. Under the PUMP Act (2023), nearly all employees - including salaried and hourly - are covered. You cannot be denied breaks, penalized, or forced to use your regular break time for pumping. But your rights as a nursing working mom do not stop here! Learn more below. 

Going back to work while breastfeeding can be a big adjustment - and understanding your rights makes all the difference. 

You're doing your best to balance your career and motherhood, but questions like "Am I allowed to take extra breaks?", "Do I have to clock out?", or "What if there's no private room?" can cause stress and confusion.

The truth is, you have clear legal protections. Since 2023, federal law has expanded the rights of nursing mothers, ensuring that all working women - from office employees to teachers and nurses - can express milk safely and comfortably at work.

In this guide, we'll cover everything you need to know about your pumping rights at work, including break time rules, lactation room requirements, pay policies, state-specific protections, and what to do if your employer doesn't comply.

Related article: Pumping Breaks at Work: All You Need to Know!

The Federal Law That Protect Your Pumping Rights: The PUMP Act

The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act was signed into law in 2023 and is the main piece of legislation that protects your right to pump at work.

Before this law, only hourly (non-exempt) employees were covered under the 2010 Affordable Care Act (ACA). Now, the PUMP Act extends these rights to nearly all working mothers, including salaried employees, teachers, and professionals.

Your Rights Under the PUMP Act 

Under the federal PUMP Act, your employer must provide:

✅ Reasonable break time for expressing breast milk each time you need to pump.

✅ A private space, other than a bathroom, that is:

• Shielded from view

• Free from intrusion

• Functional for expressing milk

✅ Protection for at least one year after childbirth (and longer under some state laws).

Employers cannot refuse these accommodations, punish you for taking pumping breaks, or retaliate if you assert your rights.

Related article: Lactation Room at Work: Legal Requirements and Ideas to Make It Legal & Great!

Your Right to Take Pumping Breaks

The law states that you are entitled to pumping break time each time you need to express milk - not a fixed number of times per day.

Most nursing mothers pump every 2-3 hours, which translates to:

• 2-3 breaks per 8-hour workday, or
• 3-4 breaks for 10-12 hour shifts.

This includes the time you need to:

• Walk to the lactation room
• Set up and clean your pump
• Store your milk safely

Related article: The Working Mom’s Checklist: Pumping Essentials for Your Workday!

Do You Have to Clock Out When Taking a Pumping Break?

❌ No, you should not have to clock out to pump - unless your employer requires all longer breaks to be unpaid.

Here's how it works:

• If your company provides paid breaks (like 15-minute rest breaks), your pumping breaks must also be paid if taken during that time.

• If your pumping break goes longer than normal, your employer may make that portion unpaid - but you cannot be penalized or disciplined for it.

• Salaried employees (who don't clock in/out) should not experience any pay deductions for taking pumping breaks.

Your Right to a Private Lactation Space at Work 

One of the biggest misconceptions is that a bathroom counts as a private space - it doesn't.

The law is clear: your pumping area cannot be a bathroom and must be private, secure, and functional.

A Compliant Lactation Room Must:

✅ Be shielded from view and free from intrusion

✅ Have a chair and flat surface for the pump

✅ Include access to an electrical outlet

✅ Be reasonably clean and available whenever you need it

Ideally, it should also have:

• A nearby sink for cleaning pump parts
• A mini fridge or cooler for breast milk storage
• Soft lighting and ventilation for comfort

💡 Tip: If your workplace doesn't yet have a dedicated lactation room, you can ask HR to repurpose a small office, storage space, or wellness room.

Related article: How Many Ounces of Breast Milk to Pump at Work: A Personalised Guide for Working Moms!

Who Is Covered by these Pumping Rights?

Nearly all employees in the U.S. are now protected, including:

• Hourly (non-exempt) employees

• Salaried (exempt) employees

• Teachers and school staff

• Healthcare workers

• Office workers

• Remote employees

Small businesses with fewer than 50 employees can request an exemption only if they can prove that providing pumping accommodations would cause undue hardship - meaning significant difficulty or expense. In practice, this exemption is rarely granted.

How Long These Rights Apply

The federal law guarantees protections for at least one year after childbirth, but many states go further:

• New York: up to 3 years postpartum

• California: indefinite, as long as the mother is breastfeeding

• Illinois: duration of breastfeeding

• Minnesota: as long as needed

Always check your state's local regulations - they can only expand, not reduce, your federal rights.

If You Work in a Special Setting

• Teachers

Schools must accommodate teachers with private pumping spaces and schedule flexibility. You can pump during planning periods, lunch breaks, or with brief classroom coverage.

Related article: How To Pump At Work When You're A Teacher: All You Need to Know If You're Breastfeeding!

• Healthcare Workers

Hospitals must provide dedicated lactation areas - not patient rooms - and allow flexible breaks for nurses and staff.

• Remote Employees

Even when working from home, you have the right to reasonable break time to express milk. Your employer must respect your schedule and cannot penalize you for pausing virtual meetings to pump.

Your Right to Store Breast Milk at Work

Federal law doesn't explicitly require breast milk storage rights at work, but many states do.

If your workplace has a shared refrigerator, you can safely store your labeled milk there. If not, you have the right to bring your own portable breast milk cooler to keep your milk cold.

The 4AllFamily cooler is ideal for this - it keeps milk refrigerated between 36-46°F for the day, and even more, perfect for long shifts or offices without fridges. 

Related article: How to Store Breast Milk at Work

Your Right to Be Free from Discrimination

Employers are legally prohibited from discriminating or retaliating against employees who pump at work.

This means they cannot:

• Deny you promotions or raises because you're breastfeeding

• Exclude you from projects or meetings

• Discipline or fire you for taking pumping breaks

• Harass or mock you about pumping

If this happens, it may violate the Fair Labor Standards Act (FLSA), the PUMP Act, and possibly Title VII of the Civil Rights Act, which prohibits discrimination based on pregnancy and related conditions (including lactation).

You can file a confidential complaint with the U.S. Department of Labor (WHD).

State Laws That Offer Extra Rights for BreastFeeding Mothers

Many states go beyond federal law, providing more generous break times, longer protection, or stronger employer requirements.

Here are some examples:

You can check your state's specific guidelines at the U.S. Department of Labor Nursing Mothers webpage.

What About Paid Maternity or Pumping Leave?

The federal law doesn't require paid maternity leave or paid pumping breaks, but many employers voluntarily offer it.

Some states (like California, New York, and New Jersey) provide partial paid family leave programs that can help bridge the gap.

You can also use:

• FMLA (Family and Medical Leave Act) for unpaid, job-protected leave after birth.

• Short-term disability if offered by your employer.

If you need time to build your milk supply or adjust before returning to work, check your company's leave policy - you may have more flexibility than you think.

What to Do If Your Employer Doesn't Respect Your Pumping Rights

If your employer refuses to provide pumping breaks or a private space, you have options:

1. Start with HR or management. Politely explain your rights under the PUMP Act and share a printed copy of the law (available on the Department of Labor website).

2. Keep records. Document dates, times, and any refusals or issues.

3. File a complaint. Contact the U.S. Department of Labor's Wage and Hour Division (WHD) at 1-866-487-9243 or online here.

4. Seek legal support.You can also contact the Center for WorkLife Law or a local lactation rights organization for free guidance.

Most complaints are resolved quickly once employers understand the legal obligations.

Why Knowing Your Rights at Work Matters

When you know your rights, you can pump confidently - without guilt, anxiety, or fear.

A supportive workplace allows you to:

• Continue breastfeeding as long as you choose.
• Return to work sooner and with less stress.
• Feel respected and valued as both a professional and a mother.

And for employers, supporting pumping moms means improved morale, lower turnover, and a more inclusive company culture.

Related article: Breastfeeding at the Workplace.

Key Takeaways

✅ The PUMP Act protects nearly all U.S. workers' rights to pump at work.

✅ You're entitled to reasonable break time whenever you need it.

✅ You have the right to a private, non-bathroom space for pumping.

✅ You should not have to clock out unless other breaks are unpaid.

✅ State laws may offer extra protection and longer coverage.

✅ Employers cannot retaliate or discriminate against you for pumping.

✅ If your employer doesn't comply, the Department of Labor can help. 💪

💬 We'd Love to Hear From You

Have you used your pumping rights at work? Did your employer make it easy or challenging to pump during your day?

Share your experience in the comments below - your story could empower another mom to stand up for her rights and keep breastfeeding with confidence.