Balancing motherhood with work can be extremely challenging, especially when nursing an infant. Federal protections for nursing mothers help ease the transition back to work. It is crucial for mothers to understand their rights to ensure they are fully protected as they return to work and care for their child.
Expanding Legal Protections
There are several legal protections for nursing mothers in the workplace. Some of these laws include:
- The Fair Labor Standards Act (FLSA). The FLSA mandates that employers provide reasonable break times and a private space for mothers to pump breast milk for up to one year after childbirth. The private space cannot be a bathroom, and an employer cannot reduce the employee’s compensation for time spent taking a break to pump breast milk if the employer offers paid breaks or the employee has to continue to complete work duties during the break. There are exceptions to this law though. For instance, employers with fewer than 50 employees (if it would cause an undue hardship), and employees of airlines, railroads, or motorcoaches are not required to provide break times or private spaces for mothers to pump milk. However, there may still be protections for those employees under state or local laws.
- The Pregnant Workers Fairness Act (PWFA). The PWFA requires that employers provide reasonable accommodations for employees who are pregnant, have given birth, or have related conditions. Accommodations may include flexible breaks, adjusted work schedules, remote work, or leave for recovery. Exceptions are made if these accommodations would impose an undue hardship on the employer, which is extremely rare to establish. This law applies to employers with more than 15 employees.
- Title VII of the Civil Rights Act of 1964 and the American Disabilities Act (ADA). These laws provide for accommodations and protections against discrimination for pregnant mothers, those who given birth, and similar medical conditions.
What Do I Do If My Employer Refuses to Comply?
If your employer refuses to comply with these laws, there are steps that can be taken to remedy the situation. An employee can file a complaint with the U.S. Department of Labor Wage and Hour Division. It is illegal for employers to retaliate against an employee for filing a complaint. An employee may also file a lawsuit against the employer. However, before doing so, the employee must notify their employer of the issue at least 10 days prior to filing a lawsuit in court. Informing the employer of the issue will allow the employer an opportunity to rectify the situation. Remedies may include reinstatement, promotion, payment of lost wages, compensatory damages, and punitive damages, if severe.
Contact Us Today
Both employers and employees should understand their rights to ensure a smooth transition at work. If you are a working mother who believes she has a claim against her employer or an employer seeking to understand these protections, reach out to a member of our team for tailored advice on next steps.
Contributions to this blog by Taylor Blicht.
