Policy required document Workplace
Lactation Accommodation Policy
A lactation policy says how an employee who is nursing gets break time to express milk, where, and how the time is treated for pay.
Since the PUMP for Nursing Mothers Act took effect on December 29, 2022, nearly every employer has a federal duty to provide reasonable break time each time the employee needs it for one year after the child's birth, and a place other than a bathroom that is shielded from view and free from intrusion from coworkers and the public (29 U.S.C. 218d).
The Act extended the earlier rule, which had covered only nonexempt employees, to salaried and most other workers. Break time need not be paid unless the employee is not completely relieved of duty, in which case it is hours worked, and state law or the employer's own paid break rules may require pay anyway.
An employer with fewer than 50 employees is exempt only if it shows that compliance would impose an undue hardship, meaning significant difficulty or expense relative to its size, resources and structure, a standard the Labor Department describes as stringent. Air carrier crewmembers are excluded and certain rail and motorcoach employees came in on December 29, 2025.
The remedies are the FLSA's: unpaid wages, liquidated damages, reinstatement and, for a failure to provide space, a private action after the employee gives the employer notice and ten days to comply.
Around thirty states add their own rules, some longer than a year, some requiring paid time, and California requires a written policy that describes the right, the process for requesting it and the complaint route, given to new hires and to any employee who asks about or requests parental leave (Labor Code 1034).
The policy is a page, and the space is usually a repurposed office with a lock; the claim is the manager who said no.
Obligation ledger
Who requires it, and what each one says.
| Source | Applies when | What it requires | Status |
|---|---|---|---|
| PUMP for Nursing Mothers Act, break time and space 29 U.S.C. 218d | Every FLSA-covered employer, for every employee, one year after birth; employers under 50 employees unless undue hardship is shown; air carrier crewmembers excluded | Reasonable break time each time the employee needs to express milk, and a place other than a bathroom that is shielded from view and free from intrusion. Break time need not be compensated unless the employee is not completely relieved of duty, in which case it is hours worked. Legally required. | Mandatory |
| FLSA remedies for PUMP Act violations 29 U.S.C. 216(b); Pub. L. 117-328, div. KK, sec. 102 | Any employer violating section 218d, for violations on or after April 28, 2023 | Employees may recover unpaid wages, liquidated damages, reinstatement and other legal and equitable relief; before suing over a failure to provide space, the employee must notify the employer and give ten days to comply, except where the employer has indicated it will not comply or the employee was fired for requesting space or opposing a violation. | Mandatory |
| California Labor Code, lactation accommodation policy Cal. Lab. Code 1034 | Every California employer | A written lactation accommodation policy stating the right to request accommodation, the process for requesting it, the employer's duty to respond, and the right to file a complaint with the Labor Commissioner; included in the handbook, given to new hires and to employees who ask about or request parental leave; where a request is denied, a written response. Legally required. | Mandatory |
Required sections
- The right: reasonable break time each time the employee needs it, for at least one year after birth, and longer where state law provides
- The space: not a bathroom, shielded from view, free from intrusion, with a place to sit, a surface and an electrical outlet, and near running water where possible, with how it is reserved
- Pay: whether breaks are paid, that time not fully relieved of duty is paid, and how existing paid breaks may be used
- How to request accommodation, who responds, and how quickly
- The employer's response process, including the written response California requires when a request is denied
- Storage of milk: refrigerator access or what the employer provides
- No retaliation for requesting or using accommodation, and the complaint route internally and to the Wage and Hour Division or state agency
- Remote and multi-site employees: how the duty is met at each location
- The small-employer hardship position, if the employer intends to rely on it, and the analysis behind it
What the examiner asks for
What changed
Change log.
Frameworks
Where this document is required.
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From the publisher
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Questions
What people ask.
We have 12 employees. Are we exempt?
Only if you can show that providing the break time or the space for a particular employee would impose significant difficulty or expense relative to your size and resources, and the Labor Department calls that standard stringent. An employer with an office and a door will rarely meet it. Assume you are covered and document the accommodation.
Do we have to pay for the breaks?
Not under federal law, unless the employee is not completely relieved of duty during the break, in which case it is hours worked and must be paid. If the employee uses an existing paid break, it is paid like any other. Several states require paid time; check the state schedule.
Can the space be a bathroom if it is private?
No. The statute says a place other than a bathroom, and the Labor Department has been explicit. A private office, a conference room with a lock and a covered window, or a dedicated room all work; a stall or a restroom anteroom does not.
What is the ten-day notice?
Before an employee can sue over a failure to provide space, they must tell the employer and give it ten days to comply. It does not apply if the employer has said it will not comply, if the employee was fired for asking, or to the break time duty. It is the employer's chance to fix the room before it becomes a claim.
Sources
29 U.S.C. 218d, breastfeeding accommodations in the workplace (Cornell LII)U.S. Department of Labor, Wage and Hour Division, PUMP Act frequently asked questionsU.S. Department of Labor, Wage and Hour Division, PUMP at WorkCal. Lab. Code 1034, lactation accommodation policy (California Legislative Information)