Breaks for Expression of Breast Milk

Editor's note: Two new laws were passed in December 2022 providing protection to all nursing mothers and requiring accommodations for pregnancy- and childbirth-related conditions. See Federal Law Addresses Protections for Nursing and Pregnant Employees for more information.

Q: How much time are districts required to provide for an employee to express breast milk?

A: Employers are required by state and federal law to provide reasonable break time for an employee to express breast milk each time the employee has need to do so.

Employers also are required to provide a place, other than a bathroom, that’s shielded from view and free from intrusion from coworkers and the public, which employees can use to express breast milk.

Statute does not define “reasonable” [break time]. The burden of determining how much time is reasonable would be on the employer. HR and the supervisor should work with each employee to assess their needs.

The following resources may be helpful to the nursing mother and district:

• Pumping Strategies for Working Mothers 
• The Department of Labor Wage and Hour Division Break Time for Nursing Mothers