Lactation Accomodations for the Workplace

The PUMP Act (Federal)
The PUMP Act is a federal law that applies to all employers. It requires reasonable break time and a private, non-bathroom space for lactating employees for one year after the child's birth. Employers with fewer than 50 employees can claim an "undue hardship" exemption if they can prove compliance is prohibitively expensive or difficult (which is a very high bar to meet).The US Breastfeeding Coaltiion has a nice summary of it here
Washington State law, in "State Pregnancy and Lactation Accommodations" RCW 43.10.005, further protects the rights of lactating parents, in that all employers with 15 or more employees must allow for reasonable lactation accommodations and break time. However, starting January 1, 2027, all employers regardless of size in Washington State will be required to follow these laws including
- Two Years of Coverage: Rights extend for two years postpartum.
- Paid Pump Breaks: Starting January 2027, employers in WA will be required to pay employees for their pump breaks and associated travel time at their regular rate of pay.
- Additional Rights: Employers cannot require you to "make up" the time or find your own shift coverage to take a break.
Recommended Resources:
For Employees planning to return to work, we recommend:
- USDA WIC Breastfeeding Support
- Washington State Department of Health. Lactation at Work Resource Hub
- Ceres Chill Blog has a Sample Email script for communicating with your employer about Lactation Accommodations
- Are pump breaks paid? It depends... check out this article from Pregnant at Work by WorkLife Law
For Employers preparing to make lactation-related accommodations for employees:
- Pregnant at Work from the Center for Work Life Law is a comprehensive hub.
- Detailed guidance from the Department of Labor for employers and employees working to follow the PUMP Act is found here: Break Time for Nursing Mothers under the FLSA (PUMP Act)
- The Office on Women’s Health (OASH) has great resources for Supporting Nursing Moms at Work
To Educate Employers about the value of supporting lactation in the workplace
- Check out the OASH's The Business Case for Breastfeeding
Washington State has many laws protecting protecting breastfeeding in public, and the provision of human milk to children. You can find these specific laws here:
- Washington State law protects breastfeeding in public, guaranteeing the right to breastfeed in any place of public resort, accommodation, assemblage, or amusement RCW 49.60.030, 49.60.215.
- This aslo applies to the childcare setting, "Infant and toddler nutrition and feeding:" WAC 110-300-0285
- and law protects the right for babies to be fed human milk at childcare "Breast milk:" WAC 110-300-0281
- Infant-Friendly Workplaces: RCW 43.70.640
- Nursing in Public is a Civil Right: RCW 49.60.030
Suggested additions? Corrections? Please email them to info@nutritionfirstwa.org
