Under federal law, nearly all workers - except flight attendants and pilots - have the right to time and space to pump breast milk at work.

• Time: Nursing mothers are entitled to a reasonable amount of time to pump, as frequently as needed.

  • Unless the employer already provides paid breaks to other employees, the time is unpaid.

• Space: The space must be sanitary, free from intrusion, and “functional” as a space for expressing breastmilk.

  • Cannot be a bathroom

• Breastfeeding employees are covered for up to one year after the birth of a baby.

• Employers with fewer than 50 employees may be excused from this requirement if compliance would impose an undue hardship.

• Pumping breaks are unpaid; however, time spent pumping during the work day is counted as compensable time if the worker is not completely relieved of work duties.

Workers in D.C. and Virginia are also entitled to reasonable accommodations in the workplace related to breastfeeding.

• All D.C. workers are covered except federal government employees.

• Virginia workers must work for an employer with at least 5 employees.

• Reasonable accommodation is defined broadly to mean any change in the work environment or in the way things are normally done that does not cause undue hardship in the operation of the employer’s business.

• Examples of reasonable accommodations:

  • More frequent or longer breaks

  • Temporary transfer to a different position

  • Relocating the employee’s work area

  • Providing space (not a bathroom) for expressing milk

• Employers may request a medical certification

• Employers should respond to the request for accommodation in a timely manner, and should participate in good faith in the process of determining a reasonable accommodation with the employee.