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Pumping at work: your rights under the PUMP Act and state laws

The PUMP Act gives most nursing workers break time and a private, non-bathroom space to pump for a year after birth. Who's covered, state laws and how to file.

By The Mom Site editorial teamUpdated 43 sources10 min read

Short answer

Under the federal PUMP Act, nearly all workers have the right to reasonable break time to pump each time they need to, plus a private space that isn't a bathroom, for one year after the baby's birth. The breaks can be unpaid, unless you aren't fully relieved from duty or you pump during breaks that are already paid. Employers with 15 or more employees also owe pumping accommodations under the Pregnant Workers Fairness Act, with no set end date, and several states go further.
On this page10 sections
  1. Key takeaways
  2. What the PUMP Act requires
  3. Who's covered, and who isn't
  4. The Pregnant Workers Fairness Act adds more
  5. State laws that go further
  6. What to say to your employer
  7. What to pack for pumping at work
  8. How to file a complaint
  9. Questions people ask
  10. Sources

Key takeaways

  • The PUMP Act covers nearly all workers protected by federal wage law, salaried and hourly alike. You get reasonable break time each time you need to pump, for one year after the birth.
  • The space has to be shielded from view, free from intrusion by coworkers and the public, and not a bathroom. Remote workers must be free from any employer video system while they pump.
  • Breaks can be unpaid, but you must be paid if you're not completely relieved from duty, and paid breaks stay paid when you use them to pump.
  • The Pregnant Workers Fairness Act adds pumping accommodations at employers with 15 or more employees, with no specific time limit. Several states go further: New York requires 30 minutes of paid pumping time for up to three years, and Illinois and Georgia require paid pump breaks.
  • Complaints go to the Department of Labor's Wage and Hour Division at 1-866-487-9243, and they're confidential.

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If you're breastfeeding and going back to work, federal law gives you two things: time to pump and a private place to do it that isn't a bathroom. The PUMP for Nursing Mothers Act, signed December 29, 2022, extended those rights to nearly all workers covered by federal wage law, for one year after your baby is born [1].

This guide covers what the law requires, who's left out, the state laws that go further, what to say to your employer and how to file a complaint.

What the PUMP Act requires

Rule What the law says
Who's covered Nearly all employees covered by the Fair Labor Standards Act, hourly and salaried [1][2]
How long One year after your child's birth [1]
How often Reasonable break time each time you need to pump [1]
Where A place other than a bathroom, shielded from view and free from intrusion by coworkers and the public [1]
Pay Not required, unless you're not completely relieved from duty, or you use a break your employer already pays for [1][3]
Working from home Same right to breaks, and no employer video system may observe you [1]

The Department of Labor adds that the space has to be functional for pumping and available whenever you need it [2]. A room you have to reserve a day ahead, or one someone else might walk into, may not meet that standard.

On pay, the details matter. Federal law doesn't require pump breaks to be paid. If you're working while you pump, though, such as answering calls, the time counts as hours worked and must be paid [3]. And if your employer already gives paid breaks, you must be paid the same way when you use them to pump [1].

Who's covered, and who isn't

The PUMP Act extended the 2010 break-time law to more nursing employees. The Department of Labor names agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers [2], and its fact sheet uses a registered nurse who's exempt from overtime as an example of a covered worker [1]. The bill's sponsors estimated it protects nearly 9 million workers the earlier law left out [4].

The exceptions:

  • Employers with fewer than 50 employees don't have to comply if it would cause undue hardship. All employees count, at every worksite, so a chain of small shops may still be covered [1].
  • Airline crewmembers are exempt [1].
  • Rail and motorcoach workers. Coverage for certain rail carrier and motorcoach employees began December 29, 2025, but an employer may be exempt in some cases [2][1].

If you're not covered by federal wage law at all, look to your state's law and the Pregnant Workers Fairness Act, below.

The Pregnant Workers Fairness Act adds more

The Pregnant Workers Fairness Act (PWFA) treats lactation as a condition related to pregnancy and childbirth. At employers with 15 or more employees, you can ask for breaks, space and other pumping-related accommodations [5]. There's no specific time limit, so it can help after the PUMP Act's first year ends [5].

EEOC's rule spells out what a good lactation space looks like. It should be near your usual work area, not a bathroom, shielded from view, free from intrusion and regularly cleaned. It should have electricity, seating and a surface for your pump, and be reasonably close to a sink, running water and a refrigerator for storing milk [6].

The PWFA also covers lactation-related conditions, such as low milk supply, engorgement, plugged ducts, mastitis and fungal infections [6]. Your employer generally shouldn't ask for medical documentation for a request about time or space to pump [6].

PUMP Act Pregnant Workers Fairness Act
Employers covered Nearly all, with an undue-hardship exception under 50 employees 15 or more employees
How long 1 year after the birth No specific time limit
What you get Break time and a private, non-bathroom space Breaks, space and other reasonable accommodations
Where to file Department of Labor, Wage and Hour Division EEOC, within 180 or 300 days

Sources: [1][5]. Our guide to your rights at work while pregnant covers the PWFA in full, including how to file an EEOC charge.

State laws that go further

Many states, plus Puerto Rico and DC, have their own laws on breastfeeding and pumping at work. The PUMP Act doesn't override state laws that give you more [7]. Among the 35 states without a paid leave program, our October 2026 review found 12 with laws that cover pumping at private employers. Here they are, along with three of the strongest laws in other states:

State Who's covered What you get
Arkansas Employers, unless break time would cause undue hardship Reasonable unpaid break time each day, and a reasonable effort to provide a private, secure, sanitary place near your work area that isn't a toilet stall [8]
California Most employers; those with fewer than 50 employees may be exempt Break time each time you need to pump, paid only when it overlaps a paid rest period, and a space near your work area with a surface, a seat, electricity, and access to a sink and refrigerator [9]
Georgia Private employers with 1+ employees; those under 50 may be excused for undue hardship Reasonable break time paid at your regular rate, and a private place other than a restroom [10]
Illinois Employers with more than 5 employees, including state and local government Break time paid at your regular rate for 1 year after the birth, and reasonable efforts to provide a private room near your work area that isn't a toilet stall [11][12][13]
Indiana Employers with 25+ employees A private place other than a toilet stall, as far as reasonably possible, plus a refrigerator or room for your own cooler. Government employers must also give paid breaks [14][15]
Kentucky Employers with 15+ employees Lactation counts under the state's Pregnant Workers Act, so extra breaks and a private, non-bathroom space are accommodations [16][17]
Nebraska Employers with 15+ employees Break time and appropriate facilities to pump as accommodations, with no set end date [18]
Nevada Employers; those under 50 exempt for undue hardship Reasonable break time, paid or unpaid, and a private place that isn't a bathroom, until your child turns 1 [19][20]
New Hampshire Employers with 6+ employees, including state and local government Unpaid breaks of about 30 minutes for every 3 hours worked, for 1 year, and a clean, private space within a reasonable walk that isn't a bathroom. Employers need a written policy, and you give 2 weeks' notice [21][22][23][24]
New Mexico Every employer, including state and local government Flexible break times and a clean, private space near your work area that isn't a bathroom. Time beyond regular breaks can be unpaid [25]
New York All public and private employers, any size 30 minutes of paid break time for up to 3 years after the birth, plus regular paid breaks or meal time if you need more. The space needs a chair, a flat surface, suitable lighting, an outlet where there's electricity and access to clean water, and can't be a restroom [26]
Oregon Hourly, salaried and part-time workers; employers with 10 or fewer may claim undue hardship Breaks until your child is 18 months old, paid only when they overlap a paid break, and reasonable efforts to provide a private place near your workstation that isn't a public restroom [27]
South Carolina Every employer with 1+ employees, including state and local government Reasonable unpaid break time, or use of paid breaks and meal time, and reasonable efforts to provide a private place near your work area that isn't a toilet stall [28]
Tennessee Employers, unless it would unduly disrupt operations Reasonable unpaid break time each day, and reasonable efforts to provide a private place near your work area that isn't a toilet stall [29][30]
Vermont Every employer; exempt only if it would substantially disrupt operations Reasonable time to pump, paid or unpaid, for 3 years after the birth, and a private space that isn't a bathroom stall [31][32]

A few other details worth knowing:

  • New York employers have to answer a pumping request in writing within 5 days [26].
  • California's Labor Commissioner can fine an employer $100 for each day you're denied a break or a proper space [9].
  • Oregon employers have to let you bring a cooler or insulated container to store milk [27].
  • Government workers only. Louisiana and Missouri cover public school employees, North Carolina covers state agency workers, and Montana, Oklahoma, Texas and Utah cover public employers [33][34][35][36][37][38][39]. Utah's private employers with 15 or more employees must still accommodate breastfeeding under its pregnancy accommodation law [40].
  • Mississippi only bars employers from stopping you from pumping during breaks they already give. It doesn't require extra time or a private space [41].

Your state's page on our paid family leave hub covers its leave and workplace laws, and your state's guide to having a baby covers health coverage and other benefits.

What to say to your employer

Raise it before your first day back, so the space is ready when you walk in. Email works well because it gives you a dated record.

  1. Say what you need: break time to pump and a private space that isn't a bathroom.
  2. Give a rough schedule. You don't have to commit to exact times, since the law covers each time you need to pump [1]. Our pumping schedule guide can help you plan.
  3. Ask where the space is and how you'll get access to it, such as a key, a lock or a sign for the door.
  4. Ask about milk storage: a refrigerator, or space for your own cooler.

Sample email:

Hi [name],

I'm returning from leave on [date] and will be pumping breast milk during the workday. Under the federal PUMP Act, I'm asking for break time when I need to pump and a private space that isn't a bathroom. [If your employer has 15+ employees: I'm also asking for this as a reasonable accommodation under the Pregnant Workers Fairness Act.]

I expect to need about [number] breaks a day, of roughly [length] each. Could you let me know where I'll pump, how I'll get access, and where I can store milk?

Thanks, [your name]

If you're offered a bathroom, or a room with no lock and a window onto the hallway, say so in writing and point to the rule: shielded from view, free from intrusion and not a bathroom [1].

What to pack for pumping at work

  • Your pump, plus its charger or power cord. If you don't have one yet, most health plans must cover a breast pump at no cost. See how to get a breast pump through insurance.
  • Spare parts: an extra set of flanges, valves and membranes, so one lost piece doesn't end your day.
  • Bottles or milk storage bags, and a marker or labels for the date.
  • An insulated cooler bag with frozen ice packs. CDC says milk can be kept this way for up to 24 hours when you're traveling [42].
  • A hands-free pumping bra, if you want to type or eat while you pump.
  • Cleaning supplies: wipes, a small bottle of dish soap, or a few clean replacement parts if there's no sink nearby.
  • A cover or a door sign, in case the room doesn't lock.
  • Water and a snack.

For storage once you're home, CDC says freshly pumped milk keeps up to 4 hours at room temperature (77°F or colder), up to 4 days in the refrigerator, and about 6 months in the freezer, with up to 12 months acceptable [42].

How to file a complaint

PUMP Act violations go to the Department of Labor's Wage and Hour Division. Call 1-866-487-9243 (1-866-4-US-WAGE). Complaints are confidential, and your employer can't retaliate against you for filing or for cooperating with an investigation [43][2]. There's generally a two-year time limit for these claims [5].

Before you sue over the space, you generally have to tell your employer about the problem and give it 10 days to fix it. That waiting period doesn't apply if you were fired for asking for break time or space, or for objecting, or if your employer has said it won't provide a space [3].

What you can recover. Since April 28, 2023, an employer that violates your right to break time or space can be held liable for remedies such as reinstatement, promotion, lost wages, liquidated damages, and compensatory and punitive damages. That's true even if you weren't retaliated against [1].

PWFA violations go to the EEOC, within 180 or 300 days depending on where you work [5].

This is rights information, not legal advice. If you're not sure which law applies to you, the Wage and Hour Division, the EEOC or an employment lawyer can help. For the rest of your leave planning, see our guides to maternity leave and short-term disability for pregnancy.

Questions people ask

Does my employer have to pay me while I pump?

Not under federal law, unless you're not completely relieved from duty during the break or you use a break your employer already pays for. Some states require paid time: New York requires 30 minutes of paid break time, and Illinois and Georgia require pump breaks to be paid at your regular rate.

Can my employer make me pump in a bathroom?

No. The PUMP Act requires a place other than a bathroom that's shielded from view and free from intrusion by coworkers and the public.

How long do I have the right to pump at work?

The PUMP Act covers one year after your baby's birth. The Pregnant Workers Fairness Act has no specific time limit for employers with 15 or more employees. Some states go longer: New York and Vermont cover up to three years, and Oregon until your child is 18 months old.

Does the PUMP Act cover salaried workers?

Yes. The Department of Labor names nurses, teachers and managers among the workers the 2022 law now covers, and its fact sheet uses a registered nurse who is exempt from overtime as an example of a covered employee.

What if I work from home?

Remote workers can take pump breaks on the same basis as other employees. You must also be free from observation by any video system your employer provides or requires.

Does a small business have to give me pumping breaks?

Usually yes. Employers with fewer than 50 employees are excused only if complying would cause undue hardship, and every employee across all the employer's worksites counts toward the 50.

Sources

Numbers in brackets in the guide link to these sources.

  1. 1.Fact Sheet #73: Break Time for Nursing Mothers under the FLSAU.S. Department of Labor, Wage and Hour Division, 2025
  2. 2.FLSA Protections to Pump at WorkU.S. Department of Labor, Wage and Hour Division
  3. 3.29 U.S. Code 218d: Breastfeeding accommodations in the workplaceLegal Information Institute, Cornell Law School
  4. 4.Underwood's Bipartisan Legislation to Protect Nursing Mothers Passes HouseOffice of U.S. Rep. Lauren Underwood, 2021
  5. 5.Time and Place to Pump at Work: Your RightsU.S. Equal Employment Opportunity Commission, 2024
  6. 6.29 CFR 1636.3 Definitions: specific to the PWFALegal Information Institute, Cornell Law School
  7. 7.FLSA Protections to Pump at Work: Frequently Asked QuestionsU.S. Department of Labor, Wage and Hour Division
  8. 8.Act 621 of 2009 (HB 1552): Break time for expressing breast milk, Ark. Code § 11-5-116Arkansas General Assembly
  9. 9.Lactation AccommodationCalifornia Labor Commissioner's Office (DLSE), 2021
  10. 10.Georgia Code 34-1-6 (expression of breast milk at work), current as of March 28, 2024FindLaw (reproduction of the Official Code of Georgia Annotated)
  11. 11.820 ILCS 260/10, Break time for nursing mothersIllinois General Assembly
  12. 12.820 ILCS 260/15, Private place for nursing mothersIllinois General Assembly
  13. 13.820 ILCS 260/5, Nursing Mothers in the Workplace Act, DefinitionsIllinois General Assembly
  14. 14.Indiana Code 2026, Title 22 (IC 22-2-14 breast milk expression; IC 22-9-12 pregnancy accommodation requests)Indiana General Assembly
  15. 15.Indiana Code 2026, Title 5 (IC 5-10-6-2, paid breaks for expressing breast milk)Indiana General Assembly
  16. 16.KRS 344.030, Definitions for KRS 344.030 to 344.110 (Kentucky Pregnant Workers Act), eff. June 27, 2019Kentucky General Assembly, Legislative Research Commission
  17. 17.KRS 344.040, Unlawful discrimination by employersKentucky General Assembly, Legislative Research Commission
  18. 18.Neb. Rev. Stat. 48-1102 (Nebraska Fair Employment Practice Act, definitions)Nebraska Legislature
  19. 19.NRS Chapter 608 (NRS 608.0193, break time to express breast milk)Nevada Legislature
  20. 20.NRS Chapter 281 (NRS 281.755, public bodies: break time to express breast milk)Nevada Legislature
  21. 21.RSA 275:78 Definitions (Policies Relating to Nursing Mothers)New Hampshire General Court
  22. 22.RSA 275:80 Sufficient Space (nursing mothers)New Hampshire General Court
  23. 23.RSA 275:81 Reasonable Break Period (nursing mothers)New Hampshire General Court
  24. 24.RSA 275:83 Hardship Exemption (nursing mothers)New Hampshire General Court
  25. 25.HB 613 (2007): Use of a Breast Pump in the Workplace, final textNew Mexico Legislature
  26. 26.Expressing Breast Milk in the WorkplaceNew York State Department of Labor
  27. 27.Breaks to Express Breast MilkOregon Bureau of Labor and Industries (BOLI)
  28. 28.S.C. Code § 41-1-130 Break time or meal time for employees to express breast milk (South Carolina Lactation Support Act)South Carolina Legislature
  29. 29.Employment Protections for Workers Who Are Pregnant or Nursing: state data file (2023)U.S. Department of Labor, Women's Bureau
  30. 30.Attendance & Leave ManualTennessee Department of Human Resources
  31. 31.21 V.S.A. § 305 Nursing mothers in the workplaceVermont General Assembly
  32. 32.21 V.S.A. § 302 Definitions (Conditions for Employment)Vermont General Assembly
  33. 33.La. R.S. 17:81 General powers of local public school boards (Subsection W, expressing breast milk)Louisiana State Legislature
  34. 34.Mo. Rev. Stat. § 160.995, Lactation accommodations in public schoolsMissouri Revisor of Statutes
  35. 35.State Human Resources Manual: Lactation Support Policy (effective Feb. 15, 2024)North Carolina Office of State Human Resources
  36. 36.MCA 39-2-216, Private place for nursing mothersMontana Legislature
  37. 37.40 O.S. § 435: Break periods to breast-feed, private roomOklahoma State Courts Network (OSCN)
  38. 38.Texas Government Code, Chapter 619. Right to Express Breast Milk in the WorkplaceTexas Legislature
  39. 39.Utah Code § 34-49-202: Reasonable breaks and private room requiredUtah Legislature
  40. 40.Utah Code § 34A-5-106: Discriminatory or prohibited employment practices (pregnancy accommodation)Utah Legislature
  41. 41.Senate Bill 2419 (2006), breastfeeding rights, as sent to GovernorMississippi Legislature
  42. 42.Breast Milk Storage and PreparationCenters for Disease Control and Prevention (CDC), 2026
  43. 43.How to File a ComplaintU.S. Department of Labor, Wage and Hour Division

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Keep reading

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