Federal Lactation-Related Laws
Pregnant Workers Fairness Act (2022)
The newly-passed PWFA gives workers the right to receive reasonable accommodations for pregnancy, childbirth recovery, and related medical conditions, including lactation. Partners collaboratively developed a helpful PWFA Explainer with more detailed information. Lactation-related accommodations could include things like providing breaks and private space (not in a bathroom) for lactation needs, changing a uniform or dress code, or time off for mastitis. A pregnant or postpartum worker does not need to have a pregnancy-related disability in order to receive an accommodation, which is an important change to existing federal law.
Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (2022)
The PUMP Act is a new law that makes important changes to the Break Time for Nursing Mothers Law from 2010, including closing the coverage gap that left many women without federal protection, providing new options for enforcement of the law, and clarifying when pumping time would still count as time worked. Partners collaboratively developed a helpful PUMP Act Explainer with more detailed information. The United States Breastfeeding Committee houses a lot of information about the law. Explore the Online Workplace Guide to learn more about what’s covered by the law, who’s in charge of enforcing the law, how it can benefit employers, and more.
Title IX Final Rule (2024) [rule vacated Jan. 9, 2025]
In 2024, the U.S. Department of Education issued a Final Rule amending the Department’s regulations implementing Title IX. The regulations give much needed guidance on what educational institutions are required to do to protect and support pregnant and parenting students. All students now have a clear right to lactation space, and reasonable breaks from classes, exams, and other activities to use it. The new regulations also require reasonable breaks for employees and a clean and private lactation space for employees to pump or breastfeed in. A Better Balance published a helpful fact sheet outlining students’ rights under Title IX.
- U.S. Equal Employment Opportunity Commission – What You Should Know About the Pregnant Workers Fairness Act
- National Women’s Law Center – Know Your Rights: Pregnant Workers Fairness Act
- The Center for WorkLife Law – PWFA: Understanding Your Rights and PWFA: Understanding Employer Obligations and Lactation Rights at Work: Are Pumping Breaks Paid or Unpaid?
- U.S. Department of Labor, Wage and Hour Division – What to Expect from Your Employer When You’re Expecting and Understanding Federal Protections for Pumping at Work: Employer Responsibilities and FLSA Protections to Pump at Work
- EEOC & WHD – Time and Place to Pump at Work: Your Rights
- A Better Balance – April 2023 webinar recording: What State and Local Partners Should Know About the Newly Passed Pregnant Workers Fairness Act and PUMP Act
- A Better Balance – Pregnant and Postpartum Workers: Know Your Rights guide (available in English and Spanish)
- Public Health Law Center – Lactation Accommodations Laws & Policies: What Every Manager Should Know
- The Pregnant Scholar – Title IX Regulations Toolkit
Sample Worksite Lactation Policies
This sample policy could be adapted by any worksite or employer interested in establishing more sustainable support for lactating employees. The policy is also available in Spanish.
A school policy template is available and can be adapted to support both staff and students. School districts should reference this policy in any policies pertaining to pregnant/parenting students and in student handbooks.
Furnishing a Lactation Space
Handout that could be used in worksites, public venues, child care programs, or any other settings where a dedicated lactation space may be available. The resource is also available in Spanish.
8 Steps to Breastfeeding Friendly Businesses Toolkit
The Wood County Breastfeeding Coalition developed a great resource that can be used statewide. The 8 Steps to Breastfeeding Friendly Businesses is available in PDF, but it also available in an editable format from the coalition’s website. The toolkit is not designed to be given out to businesses in its entirety, but to be used by those that are working with employers in their communities to improve their lactation support. There are a variety of resources included in the toolkit to assist you in helping worksites become more breastfeeding friendly.
Please contact wibreastfeeding@gmail.com with any questions about this resource. The WBC Worksite Committee will continue to discuss this and other resources to further enhance support for employers and lactating employees throughout the state.
Workplace Support During COVID-19
This resource, created in partnership with United States Breastfeeding Committee and the Center for WorkLife Law, outlines information on workplace rights related to breastfeeding and lactation in the context of the COVID-19 pandemic. The resource is also available in Spanish.
ASPHN Children’s Healthy Weight CoIIN
Wisconsin participated in the Children’s Healthy Weight Collaborative Improvement and Innovation Network (CoIIN) project, supported by the Association of State Public Health Nutritionists (ASPHN). Our goal through this work was to assess and enhance efforts for workplace lactation support so that there is coordinated and consistent statewide support, promotion, and implementation of workplace lactation strategies.