TSLF Employment Blog

Breast-Feeding

Breast-Feeding

Marie is a woman who is breast-feeding her child and working full time. This means that Marie frequently needs to pump at work. However, her employer makes her pump in a bathroom and often limits the amount of breaks that Marie may take to pump. Is this legal?

Usually, this behavior is illegal. The Fair Labor Standards Act (FLSA) requires that an employer provide reasonable, unpaid breaks and a private place other than a bathroom for a mother to express breast milk for up to one year following the birth of a child. However, if the employer has fewer than fifty employees, and the employer can show that allowing a mother to pump would cause an undue hardship, significant difficulty, or substantial expense (in relation to the employer’s size and financial resources), then the employer is not required to permit pumping breaks. Additionally, if your employer is required to give you breaks for pumping, then it is prohibited from retaliating against you for taking advantage of those breaks. You can learn more that the website for the U.S. Department of Labor (http://www.dol.gov/whd/nursingmothers/).

Some states require additional protections for breast-feeding mothers. For example, California requires that breast-feeding mothers be allowed “reasonable accommodations” similar to those with disabilities, including accommodations such as a modified work schedule and job restructuring. New York expands on the FLSA regulations and requires that a mother be provided pumping breaks for up to three years following the birth of her child instead of just one year. Moreover, the Affordable Care Act, also known as “Obamacare,” requires that employers provide a place for mothers to pump and follows the requirements under the FLSA closely.

Additionally, while it is an emerging area of the law, many courts are recognizing breastfeeding as being related to gender discrimination under Title VII and include breast-feeding discrimination as a form of gender and pregnancy discrimination. Recently, a woman in Texas was fired after requesting time to pump at work twice. In EEOC v. Houston Funding II, Ltd., the Fifth Circuit ruled that breast-feeding discrimination violates Title VII because breastfeeding is “a medical condition related to pregnancy and childbirth.” This seems logical enough, and the court made its decision based on the dictionary definition of lactation, which is “the physiological process of secreting milk from mammary glands and is directly caused by hormonal changes associated with pregnancy and childbirth.”

Share this post

Latest Articles

A Look Back at the Biggest Employment-Related Stories of 2023

A Look Back at the Biggest Employment-Related Stories of 2023

2023 was quite the year in terms of notable events and 2024 is shaping up to be no different. Here are some of the biggest labor-related news stories from last year. Even if you didn’t hear about these events, there’s a good chance you’ll likely feel their effects, even if indirectly. Key Supreme Court Decisions […]

Understanding 5 Key Terms in Virginia Severance Agreements

Understanding 5 Key Terms in Virginia Severance Agreements

Understanding the complexities of Virginia severance agreements is crucial for anyone navigating a job transition. While many believe these agreements primarily benefit the departing employee, they also offer several protections to the employer. They can provide a financial cushion and ease the transition for employees while offering employers insurance against future disputes. However, these agreements […]

What Are My Privacy Rights as an Employee in Virginia?

What Are My Privacy Rights as an Employee in Virginia?

Maintaining the delicate balance between workplace monitoring and employee privacy rights is a critical issue in Virginia. Modern technology has expanded the scope of employer surveillance, making it crucial to understand the legal boundaries. Employees in Virginia should be aware of their rights concerning phone call monitoring, email surveillance, internet usage, video surveillance, and social […]

Everything You Need to Know About Bereavement Leave in Virginia

Everything You Need to Know About Bereavement Leave in Virginia

Coping with the loss of a family member is undeniably one of life’s toughest challenges. During these difficult times, employers can play a crucial role in supporting their staff. Many employers in Virginia extend the provision of bereavement leave to help employees navigate their grief. Unfortunately, such accommodations are not universally mandated by law. If […]

Schedule a Free Case Review

Talk To A Real Person

Play Video

Talk To A Real Person