Under the Fair Labor Standards Act employers are required to provide reasonable break time for employees to express breast milk for their nursing child, as frequently as needed, for up to one year after the child’s birth. The number and length of breaks needed by employees will vary, but employers should expect that nursing mothers may need between two and four breaks of between 10 and 45 minutes per 8-hour workday.
Employers are also required to provide a place that is shielded from view and free from intrusion from coworkers and the public. A bathroom, even if private, is not a permissible location under the Act. The location provided must be functional as a space for expressing breast milk. If the space is not dedicated to the nursing mother’s use, it must be available when needed in order to meet the statutory requirement. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient.
The FLSA requirement of break time for nursing mothers to express breast milk does not preempt State laws that provide greater protections. State-specific regulations can be found by searching "Your State breastfeeding" in the universal search bar.