What you need to know about workplace breastfeeding and lactation protections

Federal laws, and laws in many states and the District of Columbia, provide workplace protections for employees needing to breastfeed or express milk. In this episode, we discuss the workplace breastfeeding and lactation protections that employers need to know. Listen in as we cover:

• [1:05] Key federal laws
• [2:50] Department of Labor guidance
• [3:51] Common questions
• [5:47] Practical guidance

For more information and guidance, go to: www.dol.gov/agencies/whd/pump-at-work

This content may not be distributed, reproduced, modified, sold or used without the written permission of ADP. The information is provided "as is" without any expressed or implied warranty, is based on generally accepted HR practices and is advisory in nature. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content. The content does not constitute legal, financial, accounting, or tax advice. Employers are encouraged to consult with legal counsel for advice regarding their organization's compliance with applicable laws. This content is current as of the published date.

Copyright © 2024 ADP, Inc. All Rights Reserved. The ADP logo, ADP, RUN Powered by ADP, and HR{preneur} are registered trademarks of ADP, Inc. and its affiliates. All other marks are the property of their respective owners.

 

Episode Transcript

(00:00):
Federal laws and laws in many states andthe District of Columbia provide
protections for employees needing tobreastfeed or express milk in the
workplace.
Welcome to HRpreneur.
I'm Jim Duffy.
From Main Street to your street, theHRpreneur podcast is centered around
helping small businesses like yours gainthe knowledge you need from HR payroll and

(00:23):
hiring to time, taxes, benefits andinsurance.
Today we're talking with our guest,Samantha Munro.
about what you need to know regarding newand continuing workplace protections for
employees who are nursing.
Sam is senior counsel for ADP's HumanCapital Management Group.
Hello there, Sam.
It's great to have you back on our show.

(00:44):
Thanks, Jim.
I'm glad to be here.
So I know we receive many client inquiriesabout protections for employees who are
nursing.
So we thought reviewing some of thesecommon questions would be helpful.
That's great to hear.
As someone whose friends and familymembers are impacted by these laws, I'm
happy to answer whatever I can.

(01:05):
Fantastic, Sam.
Well, let's start here with this one.
I've seen news of both federal and statelaws expanding protections for
breastfeeding and expressing milk in theworkplace.
What are some of the key federal laws toknow about?
Great question, Jim.
So a longstanding form of federal protectionis Title VII of the Civil Rights Act of

(01:25):
1964 as amended by the Federal PregnancyDiscrimination Act of 1978.
The Federal Pregnancy Discrimination Actprohibits sex discrimination, including
discrimination on the basis of pregnancy,which can be based on, among other things,
a medical condition related to pregnancyor childbirth, which includes
breastfeeding and lactation.

(01:47):
A more recent law, the Pregnant WorkersFairness Act of 2023, among other things,
requires an employer with 15 or moreemployees to provide certain reasonable
accommodations to a qualified employeewho's affected by the limitations of
pregnancy, childbirth, or related medicalcondition.
Generally, a reasonable accommodation is achange in the work environment or in the

(02:10):
way work is customarily done that enablesan individual to perform the essential
functions of the job.
and enjoy equal employment opportunities.
Some examples, include altering when andhow a task is performed, modifying work
schedules, acquiring or modifyingequipment, and providing paid or unpaid
leave, allowing the employee to performlight duty work, and making facilities

(02:34):
accessible to the individual.
I'll also note that the US EqualEmployment Opportunity Commission, the
EEOC, has issued final regulations forimplementing the pregnant worker
Workers Fairness Act, the PWFA.
Thank you, Sam.
That's great context for us to keep inmind.
Another question is, I've heard that theDepartment of Labor has provided

(02:57):
additional guidance on protections fornursing employees.
Can you please provide some additionaldetail for our listeners on that?
Absolutely.
The U .S.
Department of Labor has released andcontinues to release specific guidance on
the expanded protections for nursingemployees under federal law and guidance
for certain industries under the expandedlaw.

(03:18):
The guidance has a presentation andanswers to frequently asked questions.
For example, the FAQs for the retail andrestaurant industries released in 2024
include guidance and answers to commoninquiries.
I would highly recommend going to
www .dol .gov backslash agencies backslashwhd backslash pump hyphen at hyphen work

(03:45):
for additional helpful resources.
We'll include this link in our podcastpage for easy access as well.
Thank you.
Sam, another big question is whether arestroom that is not being used as a
restroom can be used as a place to expressmilk.
Another great question.
The guidance from the Department of Laboraddresses that topic.

(04:07):
For example, under the Fair LaborStandards Act, an employer is required to
provide nursing employees with access to aplace to express milk at work that is not
the bathroom, since a bathroom canincrease the risk of contracting bacteria
in the milk or pumping equipment.
Yeah, those safety precautions makeabsolute perfect sense.
Another question, Sam, is can I require mynursing employees to make up time spent on

(04:34):
pump breaks to meet productivity measures?
Another good question.
The same guidance states that employeescannot be required to make up the time
they took for pump breaks and employerscannot hold the time an employee uses for
pump breaks against them when determiningwhether the employee met a productivity
measure or quota.
That's really helpful to know.

(04:55):
Now that we've covered federalprotections, are there any state or local
laws employers should be aware of fornursing employees?
Absolutely.
So I was glad to learn that most statesprotect breastfeeding and that many
states, over half I believe, and theDistrict of Columbia also have laws
protecting expressing milk in theworkplace.

(05:19):
Additionally, several states and localjurisdictions require employers to provide
accommodations for health conditionsrelated to pregnancy or childbirth if the
employee requests an accommodation withthe advice of their health care provider
or certified doula.
This is unless doing so would impose an undue hardship on the business.
Protections may vary based on employersize and other factors.

(05:42):
So it's important to check the laws thatmay apply to your business to help ensure
compliance.
Thank you, Sam, for that.
These answers have been very helpful.
As we wrap up the episode, is there anyother guidance you would like to share on
workplace protections for nursingemployees with our listeners?
Yes, these laws can impact so many peoplein the workplace.

(06:05):
Ensure you understand the federal, state,and local laws, ordinances, and any
applicable industry guidance for nursingemployees in your jurisdiction.
Draft your policies and trainingsaccordingly, and communicate those
policies clearly to employees.
Also, make sure to train supervisors onhow to handle requests for expressing
milk, leave, and reasonableaccommodations.

(06:29):
Excellent.
Well, this brings us to the end of thisepisode.
Sam, again, thank you for joining us.
I always enjoy our discussions and welearned a great deal of important things
along the way today.
So I've taken a few notes while we werechatting and I'd like to provide a real
quick recap, but please correct me if Imiss anything.
First point is federal and stateprotections exist for employees who need

(06:53):
to express milk or breastfeed.
The second key point for me was these lawsmay have employer size restrictions.
And lastly, it's important to understandand comply with all applicable laws that
entitle your employees to breastfeed orexpress milk.
How'd I do?
Did I miss anything?
Like to add anything?
You're right on the mark.
You've captured it very well.

(07:13):
Thank you, Jim.
Great, super.
Well, thank you again, Sam.
Presented by ADP, HRpreneur focuses on theentrepreneurs and business drivers who are
shaping the growth of their companies andpositively impacting the lives of their
employees.
With each episode, we'll bring the expertsto you, answer your questions, and help
you think beyond today so you can discovermore success tomorrow.

(07:36):
As always, a big thank you to ourlisteners for joining us for today's
episode.
Be well, and we hope you'll join us againsoon. This content may not be distributed, reproduced, modified, sold or used without the written permission of ADP. The information is provided "as is" without any expressed or implied warranty, is based on generally accepted HR practices and is advisory in nature. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content. The content does not constitute legal, financial, accounting, or tax advice. Employers are encouraged to consult with legal counsel for advice regarding their organization's compliance with applicable laws. This content is current as of the published date. Copyright © 2024 ADP, Inc. All Rights Reserved. The ADP logo, ADP, RUN Powered by ADP, and HR{preneur} are registered trademarks of ADP, Inc. and its affiliates. All other marks are the property of their respective owners.