Employee Accommodations

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Employee Accommodations

Reference Number: MTAS-853
Reviewed Date: 09/04/2026

Overview
This page explains what accommodations a Tennessee city must provide for a nursing employee. It covers the space, the timing and pay for breaks, and how to handle non-traditional positions.

Space
A bathroom, even a private one, is not an acceptable location. The city must provide a functional space to express breast milk. A small, clean office with electricity, a light, a chair, and a locking door meets the requirement. The space can be dual-use, but it must be available on demand. It must be shielded from view and free from intrusion by co-workers or the public. Because pumping equipment can be noisy, a closed office space is best.

Duration and frequency of breaks
The law does not fix a duration. Each nursing employee needs different break times, and the need changes over time as the child grows. Break time must also cover sanitizing equipment, storing the milk, and handwashing.

Compensation for non-exempt and exempt employees
FLSA § 7(r), as amended by the PUMP for Nursing Mothers Act (December 29, 2022), does not require nursing breaks to be paid for a non-exempt employee, as long as the employee is completely relieved of duty during the break. A city cannot limit the number of nursing breaks, but the city may designate those breaks as unpaid if the completely-relieved-of-duty standard is met. If the city provides regular paid breaks and the employee uses one of those existing paid breaks to express milk, that break must still be paid. If a non-exempt employee is not completely relieved from duty during pumping, the time must be paid.

A salaried exempt employee must continue to receive full salary during pumping breaks. Docking an exempt employee's salary for pumping time could destroy the salary basis of the exemption. Tennessee state law (T.C.A. § 50-1-305) protected exempt employees' break time before the PUMP Act; under current federal law, exempt employees are now protected under FLSA § 7(r) as well.

Non-traditional positions
Positions like patrol officer, driver, or field worker raise practical questions, but many employees in non-office roles nurse successfully. Talk with the employee about workable options. Be flexible with scheduling and educate co-workers to keep coverage in place.

Best practices

  • Provide educational materials for all employees
  • Train supervisors and managers on the law and the city's policy
  • Adopt a written nursing mothers workplace policy and make it accessible
  • Designate a private, clean space with signage, electricity, a locked door, and a comfortable chair; be flexible with work schedules
  • Locate a sink nearby for handwashing and cleaning equipment
  • Give the nursing parent access to hygienic storage (a refrigerator) if possible
  • Keep an ongoing conversation with expectant parents and returning employees
  • Survey employees about family-friendly policies

Statutory anchors

  • FLSA § 7(r) (29 U.S.C. § 207(r)), as amended by the PUMP Act (December 29, 2022)
  • T.C.A. § 50-1-305 (Tennessee break-time law)
  • DOL Field Assistance Bulletin 2023-2

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