Revised January 2026
Coverage for certain employees of rail carriers and motorcoach services operators begins December 29, 2025. Employees may be exempt if an employer demonstrates that compliance would require significant expense or results in unsafe conditions.
The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
What You Should Know
Under the Fair Labor Standards Act (FLSA):
Most nursing workers are entitled to reasonable break time and a private space to pump at work for up to one year after their child’s birth.
Most employers are required to provide covered employees with space that is functional for pumping milk, shielded from view, free from intrusion, available as needed and not a bathroom.
Learn more about Employer Responsibilities.
New Law Expanding Pumping at Work Protections
On December 29, 2022, the Consolidated Appropriations Act of 2023 became law. This legislation introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.
These materials can be printed and used in workplaces to ensure that workers understand their rights and employers understand their responsibilities under the law.
Pump at Work Industry-Specific FAQs:
WHD Fact Sheet #73: FLSA Protections for Employees to Pump at Work
WHD Fact Sheet #73A: Space Requirements for Employees to Pump Breast Milk at Work under the FLSA
Fact Sheet #73B: Transportation Industry Exemptions from the FLSA’s Pump at Work Provisions
Maternal Health: What to Expect from Your Employer When You’re Expecting
Federal Protections for Pregnant, Postpartum and Pumping Workers – EEOC and WHD flyer
These federal and state government resources provide information on additional legal protections, guidance, and best practices for workers and employers.
DOL Women’s Bureau
Employment Protections for Workers Who are Pregnant or Nursing
Women’s Bureau flyer: Nursing Employee Workplace Protections
Office of Personnel Management (OPM)
U.S. Department of Education
U.S. Department of Health and Human Services
Equal Employment Opportunity Commission (EEOC)
What You Should Know About the Pregnant Workers Fairness Act (PWFA)
EEOC and WHD flyer: Federal Protections for Pregnant, Postpartum and Pumping Workers