Nursing Mothers: Frequently Asked Questions
Q: My employee travels frequently as part of her job. Should I recommend formula feeding?
A: No. Feeding decisions are personal and should not be directed by the employer. Do not pressure an employee to formula feed, stop lactating, or reduce pumping as a way to address work-related travel. Instead, discuss the employee’s pumping needs and identify reasonable ways to support travel, such as scheduling pumping time, identifying private locations, adjusting itineraries, or considering temporary changes to particular travel assignments when appropriate. Retaliation or adverse treatment because an employee needs pumping breaks is prohibited.
Q: Must we eliminate travel from a nursing employee’s schedule?
A: Not automatically. However, when an employee requests a change related to lactation, the city should engage in an individualized, interactive discussion. Depending on the circumstances, reasonable options may include allowing time to pump during travel, adjusting overnight or unusually long trips, modifying schedules, arranging remote participation, or temporarily reassigning a specific duty. Under the PWFA, a covered city generally must provide a reasonable accommodation unless it would cause significant difficulty or expense.
Q: Can we require an employee to use regular breaks to pump?
A: If possible, pumping time may run concurrently with existing breaks. However, the city may not deny an employee reasonable pumping time when needed simply because it does not fit the normal break schedule. If the city provides paid breaks, an employee who uses those breaks to pump must be paid the same as other employees using the break. Additional pumping time may be unpaid only when the employee is completely relieved of duty.
Q: How much pumping time is required?
A: There is no fixed number or length of breaks. For up to one year after birth, most employees are entitled under federal law to reasonable break time each time they need to express milk. Needs may change over time. The city should consider the total time reasonably necessary, including access to the space, setup, pumping, cleaning, and returning to work.
Q: May we track pumping breaks or require use of a room log?
A: The city may use reasonable, neutral timekeeping or room-use procedures for payroll, coverage, and room availability. The procedure cannot delay or discourage an employee from taking needed breaks, and information should be handled confidentially. If a room is locked, it must be available promptly whenever the employee needs it.
Q: We do not have a dedicated lactation room. Can the employee use an office?
A: Yes, if the office is not a bathroom; is shielded from view; is free from intrusion; is functional for pumping; and is available whenever the employee needs it. A temporary or converted space can comply, but the city must ensure actual availability and privacy. A bathroom, even a private one, does not satisfy the federal requirement.
Q: Must the city provide a refrigerator or freezer for expressed milk?
A: Federal pumping-break law does not specifically require a refrigerator or freezer. Still, providing safe storage or access to refrigeration may be a practical and, in some circumstances, reasonable accommodation. The city should evaluate requests individually.