Paid Pumping Breaks & Workplace Rights

Introduction — Why 2025 matters for pumping at work

Returning to paid work while breastfeeding or pumping raises the same practical questions every year: Am I entitled to break time? Must my employer pay me? Where can I pump? In 2024–2025 several states strengthened protections for lactating employees, layering on top of federal baseline rights. This guide explains the federal minimum, recent state changes, what to ask HR (with sample language), how to document a request, and practical steps to advocate and enforce your rights at work.

Quick takeaway: Federal law provides a basic right to break time and a private space to express milk; several states now require paid pumping breaks or expanded accommodations — so check both federal and your state rules and use the sample HR language in this article to make a clear, documented request.

Authoritative sources and state law summaries are cited throughout so you can follow up with official agencies.

Federal baseline: What the FLSA and the PUMP Act guarantee

Under the Fair Labor Standards Act (FLSA), most nursing employees are entitled to "reasonable break time" and a private, non‑bathroom place to express breast milk for one year after the child's birth. The Consolidated Appropriations Act (the PUMP for Nursing Mothers Act) expanded coverage to include more categories of workers (for example, agricultural workers, home care workers, and others) so more people are protected. Employers must provide space that is functional for pumping, shielded from view, and free from intrusion. Time spent pumping counts as hours worked if the employee is not completely relieved from duty.

Practical implication: Even where your state has not enacted paid pumping break rules, you are entitled to reasonable break time and a private space under federal law — but federal law does not require paid breaks for most workers, so state laws can be a critical additional protection.

State law snapshot — notable 2024–2025 changes

Some states have moved beyond the federal floor to require paid pumping breaks, stronger notice and room requirements, or expanded timelines. Key examples include:

New York: Beginning June 19, 2024, New York requires employers to provide up to 30 minutes of paid break time to express breast milk each time an employee reasonably needs to do so, for up to three years after childbirth. Employers must notify employees of this right when hired and annually.
Washington: In 2025 the state passed SB 5217 expanding pregnancy/postpartum accommodations; the new law requires paid lactation breaks (including travel time to a lactation location) and applies to employers of all sizes when it takes effect on January 1, 2027. The law also shifts enforcement to the Department of Labor & Industries and creates a private right of action. Employers should plan now for the payroll and scheduling changes.
Minnesota: Effective changes in 2023 broadened employer obligations: lactation accommodations apply to all employers (not just larger ones), the 12‑month limit was removed in many respects, and employers must provide notice and a private room other than a bathroom. These updates substantially strengthen workplace protections in Minnesota.
Georgia: State code requires paid break time at the employee's regular rate for certain public agencies and includes employer obligations to provide a private location to express milk; other Georgia statutes also address employer obligations more broadly. Check the specific code sections and how they apply to private employers in your locality.

Note: Several other states have passed or proposed bills in 2024–2025 to require paid pumping breaks or strengthen lactation policies. Where a state law is newly enacted it may set a future effective date (for example, Washington’s law becomes operative in 2027), so confirm the effective date for your state or locality before relying on paid break rules. For federal baseline protections, see the U.S. Department of Labor resources.

What to ask HR — checklist and sample request

Make a clear, written request so you have a documented record. Use the checklist below, then adapt the short sample email which you can paste into your message or employee portal.

Checklist: What to include in your written request

Your job title and work schedule.
The date you want accommodations to start (e.g., return‑to‑work date) and whether you plan recurring break times or variable times.
How long you estimate each pumping break will take (many state laws reference 30 minutes as a standard, but needs vary).
Whether you require a dedicated lactation room or a nearby private space, and whether you need a secure refrigerator for milk.
Whether you are requesting the break time to be paid (cite your state law if applicable) or ask HR to confirm employer pay practice for pumping breaks.
A polite request for a written confirmation of the agreed schedule and location and where to file a grievance if the accommodation fails.

Sample email / HR request (copy & paste and edit)

Subject: Request for Lactation Breaks and Space – [Your name]

Hi [HR lead / manager name],

I will be returning from parental leave on [date]. I am breastfeeding and will need to express breast milk during my workday. I would like to request the following lactation accommodations beginning on my return date:

• Paid break time of approximately [30] minutes each time I need to express milk (or confirm company policy on pay for lactation breaks).
• A private, non‑bathroom room near my workspace with an electrical outlet and lockable door. If a dedicated room is not available, please identify an alternative private location.
• Permission to use my normal paid break time for additional time if needed, and confirmation that lactation breaks will not reduce other break or meal time.

Please confirm in writing the agreed schedule and location by [reasonable date, e.g., two weeks before return]. If you need medical documentation to process this request, let me know what is required and by when. Thank you for helping make this a smooth transition back to work.

Best regards,
[Your name, title, contact info]

Send the request via email and keep copies of all replies. If your employer has a lactation accommodation form, completing it counts as written notice; keep a copy.

When your manager or HR responds, ask for clear details about: whether the first 30 minutes are paid, how travel/setup time is treated, whether breaks will be scheduled or taken "as needed," and how to report problems or retaliation.

Documentation, enforcement and advocacy — real next steps

Document everything: dates and times you requested accommodations, the HR response, and instances when you were denied breaks, forced to pump in an inappropriate location, or disciplined. If you believe your rights were violated:

Reference federal and state rules when discussing the issue with HR (federal FLSA/PUMP baseline and any relevant state statutes or agency guidance).
File an internal complaint following company policy. If the response is unsatisfactory, contact your state labor department (for example, New York State Dept. of Labor or Washington Dept. of Labor & Industries) and the U.S. Department of Labor Wage and Hour Division for federal issues. For New York matters, the NY DOL has specific posting and notice requirements employers must follow.
If you are in a state with newly enacted paid break laws (for example, Minnesota’s expanded protections or Georgia code provisions), cite the statute or agency guidance when you escalate. Keep in mind some state laws have different coverage rules and effective dates.
Consider a private right of action or administrative complaint where allowed. Some newer laws (for example Washington’s SB 5217) add private enforcement tools and civil penalties; others are enforced by state labor agencies. Understand your state’s complaint timelines and remedies.

Advocacy tips if your employer resists:

Bring the issue to HR first in writing and request a short mediation meeting with your manager and HR to fix scheduling or space conflicts.
Offer practical solutions (staggered breaks, temporary schedule adjustments, use of a small private office near your workstation) to reduce operational concerns.
If you are part of a union, use the union grievance process; if not, connect with local advocacy groups, lactation consultants, or your state’s labor office for templates and telephone help.
Document any adverse employment action after requesting lactation accommodation — it could support claims of retaliation under federal or state law.

Where to get help: U.S. Department of Labor Wage & Hour Division for federal issues; your state department of labor (examples cited in this guide include New York DOL, Washington L&I, Minnesota DLI). If you need legal advice about an enforcement claim, consult an employment attorney or legal aid in your state.

Bottom line & quick checklist

1) Know the baseline: federally you are entitled to reasonable break time and a private, non‑bathroom space for one year after birth; some states go further and require paid breaks or expanded timelines.

2) Put requests in writing (use the sample above), ask HR to confirm whether the time is paid, where you can pump, and how breaks will be scheduled.

3) Document denials and problems; escalate internally and then to your state labor agency or the U.S. DOL if necessary.

4) If you plan to advocate beyond your workplace — share your policy experience with employee resource groups, local parent/lactation coalitions, or policymakers. State legislative change is often driven by worker stories and employer best practices.

Want a one‑page printable checklist or a customized HR request draft for your state? Reply with your state and employer size (approx.) and I’ll create a tailored template you can send to HR.