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Workplace Lactation
The number of jurisdictions that have enacted so-called 'lactation' laws continues to grow. Determining how to accommodate employees who breastfeed their children is an issue that many employers will need to address. Creating and implementing polices to allow women to express breast milk at work will benefit female employees who choose to nurse their children and will help ensure compliance with breastfeeding laws. This article includes discussion of the various approaches that jurisdictions have taken when providing legal protections for breastfeeding employees and establishing legal requirements for employers. It also includes practice pointers to help employers comply with breastfeeding laws.
Background
At least 19 states, Puerto Rico, and the District of Columbia have enacted legislation or passed resolutions explicitly addressing the rights of employees who breastfeed or express milk at work. Additionally, legislation regarding this issue is under consideration in a number of states and at the federal level. Currently, some states provide incentives for, or express encouragement of, employers providing breaks for employees to express milk. Other states have explicitly stated that employers may provide break time for this purpose or have explicitly required that employers do so. Other employee protections and employer obligations regarding breastfeeding in the workplace have also been included in laws. The following are examples of the varying approaches that have been adopted.
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