Are Lactation Breaks Required?

Questions have arisen as to whether an employer is required to allow an employee to take leave from work for lactation breaks when the baby won’t take a bottle or has another feeding problem.

Regulations for Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) are relevant when addressing this question.

PUMP Act

The PUMP Act provides workplace protections for lactating employees by requiring employers to provide all employees who are nursing with reasonable breaks and a private location (other than a bathroom) to express breast milk. The PUMP Act doesn’t cover providing leave or breaks to an employee to address a baby’s feeding difficulties, such as not taking a bottle.

PWFA

The PWFA covers “known limitations” of an employee, not the employee’s child who won’t take a bottle or has another feeding problem. So, not allowing the leave for the baby is technically correct as the PWFA rule addresses breastfeeding, not bottle feeding.

However, as in any accommodation request, it’s best practice to consider the leave request to determine if it’s possible to accommodate the employee. Keep in mind, the PWFA’s final regulations, effective June 18, 2024, include a lactation accommodation permitting an employee to nurse during the work hours when the child “is in close proximity” to the employee. This includes when the employee is teleworking or when the employee takes a break to travel to a nearby or onsite daycare facility.

There is not a big jump between a lactation request and PWFA-protected time away from work, particularly when the child is in “close proximity” to the employee. The best advice is to carefully assess the request to determine if it can be implemented if it’s not an undue hardship for the employer. If it is an undue hardship, the request can be denied.

Resources

More information can be found in an article from FMLA Insights, Guidance & Solutions for Employers. HR Services resources addressing the PUMP Act and the PWFA include:

• Pregnant Workers Fairness Act (member login required)
• PWFA Accommodation Process Documentation Form (member login required)
• Q&A: FLSA and Breaks