Business Law Blog

Are Employee Lactation Breaks Required to be Compensated?

Posted by Amanda Butler Schley | Jan 29, 2025 | 0 Comments

Under federal law, nursing employees are entitled to lactation breaks and a private, functional, non-bathroom space to pump milk. This right is provided by the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. However, whether these breaks are paid or unpaid depends on specific circumstances.

Here's what you need to know about lactation rights, compensation, and how to protect your workplace rights:


Are Pumping Breaks Paid or Unpaid?

Pumping breaks are typically unpaid unless one of the following exceptions applies:

1. You Work During Your Pumping Break

If you choose to work while pumping, such as answering emails, taking calls, or completing other tasks, your employer is legally required to pay you for that time. This rule applies even if the work you are doing is different or less intensive than your usual duties.

For example, if a teacher grades papers while pumping, or a retail employee takes a work-related call, that time must be compensated.


2. Your Break is Normally Paid

If your employer provides paid breaks to all employees, you are entitled to the same paid time when you choose to pump milk during those breaks.

Example:
A farmworker who uses two 15-minute paid breaks to pump milk must still be paid for those breaks. If additional time is required to pump, the extra time can be unpaid unless the worker performs job duties during that time.


3. You Are an “Exempt” Employee

Salaried employees who are exempt from overtime pay (e.g., certain professionals or executives) cannot have their salaries reduced for time spent on pumping breaks. However, this protection may not apply to all exempt employees, such as teachers, lawyers, or doctors in some cases.  The Fair Labor Standards Act (FLSA) treats lawyers and doctors as having greater autonomy over their schedules, which creates an implicit expectation that they can incorporate pumping into their daily routines without needing additional legal mandates for paid breaks.   


4. You Are Treated Differently Than Coworkers

It is illegal for your employer to treat you worse than other employees because of your lactation needs. If coworkers are not penalized for taking breaks (e.g., for smoking, eating, or running errands), you must receive equal treatment for pumping breaks.


5. You Have a Right to Paid Rest Breaks in Your State

Some states mandate paid rest breaks, and these laws may extend to pumping breaks. If you work in California, Colorado, Illinois (hotel room attendants only), Kentucky, Minnesota, Nevada, Oregon, Vermont, or Washington, you may be entitled to compensation for time spent pumping during paid rest breaks.


6. You Use Paid Time Off (PTO)

Employees may use vacation time, sick leave, or other PTO for pumping breaks if their employer allows it. Additionally, under the Pregnant Workers Fairness Act, workers at companies with 15+ employees may be able to use paid leave for lactation needs.


7. You Work in a State with Additional Protections

Several states and cities require paid lactation breaks:

  • Georgia, Illinois, Minnesota, New York, and San Francisco: Employees must be paid during lactation breaks under certain conditions.
  • Indiana and Oklahoma: State agency employees are entitled to reasonable paid breaks for pumping.

8. Your Employer's Policy Violates Wage Laws

Employers must adjust productivity metrics, quotas, or work assignments to account for time spent on pumping breaks. They cannot require you to make up the time missed during a legally protected break. Failing to comply may violate federal or state wage laws.

About the Author

Amanda Butler Schley

Ranked as a Top Rated Business and Commercial Attorney, I have more than a decade of experience representing boutique hotels, family-owned businesses, privately owned restaurants, breweries, artists, executives and entrepreneurs.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Who We Are

Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

Awards