Resources for Returning to Work

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Workplace Guide: Rights of Breastfeeding Employees

Guides are being developed for legislation in 28 states, DC, Guam, and Puerto Rico. They will be published in the Online Guide: What You Need to Know About the “Break Time for Nursing Mothers” Law section “What if your state already has a law?” Each state has a webpage featuring a web version and downloadable PDF of the Guide to the Rights of Breastfeeding Employees, which provides an overview of laws that impact breastfeeding employees in each state.
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See the Guide to the Rights of Breastfeeding Employees in Delaware and Talking to Your Boss About Your Pump - Delaware. 
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​The U.S. Department of Labor compiled compliance assistance materials on the Break Time for Nursing Mothers provision of the Fair Labor Standards Act. 

• Please take special note of the Community Outreach and Resource Planning Specialists (CORPS) Contact List. The CORPS work to organize compliance assistance and outreach, provide planning and enforcement support, and more. They are a wonderful resources for breastfeeding employees and their employers, as well as all of us who are working to support the field! 
• WHD Fact Sheet #73, Break Time for Nursing Mothers under the FLSA (Spanish Version)
• Break Time for Nursing Mothers FAQs
• Break Time for Nursing Mothers Poster (Spanish)
• Break Time for Nursing Mothers Employee Rights Card (Spanish)
• FLSA Handy Reference Guide
• How to File a Complaint (Spanish)
• Contact WHD Offices

​ Key Links:​

• What if your state already has a law?: www.usbreastfeeding.org/workplace-guide
• Resource and Referral Guide for Breastfeeding Employees and their Employers: www.usbreastfeeding.org/workplace-help 
• Tips on Breastfeeding and Returning to Work (English/Spanish) (Haitian Creole)
• How to Keep Your Breast Pump Kit Clean (English) (Spanish)

Online Guide: What You Need to Know About the “Break Time for Nursing Mothers” Law

This guide provides federal workplace support resources  in an easy to understand format to ensure all moms have the information they need to make working and breastfeeding a success. It was designed to help employees understand their rights as a breastfeeding mom in the workplace and serve as a break time resource for families and employers with questions about the law.
Contents include: 

1. Are the breaks paid or unpaid?
2. Who is covered by the law?
3. What if your state already has a law?
4. Who is in charge of enforcing the law?
5. What are the benefits to employers?
6. How should you prepare to go back to work?
7. How should you talk to your employer about nursing breaks?
8. What does the undue hardship exemption mean for employees?
9. What are the space requirements?
10. How much time is "reasonable"?
11. How often can you pump during the workday?
12. How long do you have the right to pump at work?
13. How should you store your breast milk?
14. What equipment and supplies do you need?
15. What are creative solutions for break time and space?
16. What do you do if your employer refuses to comply?
17. Where should you go for help?
18. What other resources are available?

Creation of this content was funded in part by a contract with the United States Department of Health and Human Services, Office on Women's Health.