Private Space to Pump Breast Milk

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Question

An employee returning from maternity leave has requested a private space to pump breast milk. Our private offices are all occupied. Aside from the offices, all we have is a conference room and a storage room. However, we also have a private bathroom that is only used by a few employees. It is a very nice, spacious bathroom, and we can provide a table and chair for the employee. We can also provide a sign for her to hang on the door when she is using the bathroom so that other employees do not enter. Is this acceptable?

Answer

Under federal law, most nursing employees have the right to reasonable break time and a private place to pump breast milk while at work. The place to pump must be shielded from view and free from intrusion by co-workers and the public. A bathroom, even if private, is not a permissible location for an employer to provide for pumping breast milk. Nursing employees must be provided a space to express breast milk in a clean and private environment.

To ensure privacy, employers may provide barriers to shield a nursing employee from view and keep the area free from intrusion. For example, employers may:

• Provide a space with a locking door or use of a sign that designates when the space is in use and off limits toothers.
• Create a temporary space for pumping by providing dividers and signs in a portion of a vacant office storage room.
• Allow an employee to use a manager's office or conference room that has a door with a lock or appropriate signs to prevent intrusion—provided the space is available each time the employee needs to pump.

To ensure policies comply with all applicable laws, including any state or local laws that may apply, employers should work with legal counsel.