Pumping at Work Policy

POLICY STATEMENT

The FLSA requires employers to provide reasonable break time and a private place other than a bathroom for an employee to pump breast milk for their nursing child for one (1) year after the child's birth each time such employee has need to pump at work.

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 into law. This legislation introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.

ELIGIBLE EMPLOYEES

  • Nearly all employees covered by the FLSA are eligible to pump at work.
  • Employees are eligible to pump at work for one (1) year after their child’s birth.
  • Narrow exceptions may apply for certain employees of small companies and certain transportation employees

BREAK TIME

The FLSA requires employers to provide nursing employees:

  • Reasonable break time
  • Each time such an employee has the need to pump at work.
  • For one (1) year after the child’s birth.

The frequency of breaks needed to pump at work, as well as the duration of each break, will likely vary.

Section 4207 of the Health Care Reform Act requires employers to permit reasonable, unpaid break time for employees to express breast milk for her nursing child for up to one year following the child’s birth. In addition, also in accordance with this Section, the College has established space for employees needing to express breast milk. 

A lactation room has been designated on the 8th floor, Room XX of the Tower Building for this purpose.

Access to this room is managed by the human resources office. Please note this is a locked space. Please contact Human Resources at (617) 879-7908 to access the room.

RELATED LAWS/POLICIES/UNION CONTRACTS

Section 7 of the Fair Labor Standards Act of 1938

COMPLIANT PROCESS

  1. Gather information you will need to file your complaint. While third-party complainants may not be able to provide all the information needed, the more information made available the better we can address concerns raised.
  2. Decide How to File, Reach out to us online or call 1-866-487-9243.
  3. The Wage and Hour Division will work with you to answer your questions and determine whether an investigation is the best course of action.

An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation.

The Wage and Hour Division (WHD) of the U.S. Department of Labor administers and enforces the FLSA, including the pumping at work protections.

How to contact WHD:

  • Call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE(1-866-487-9243)
  • Visit U.S. Department of Labor administers
  • Additional information about the FLSA Protections to Pump at Work can be found at: Pump At Work
  • Fact Sheet # 73: FLSA Protections to Pump Breast Milk at Work 
  • FAQs: FLSA Protections to Pump Breast Milk at Work.
  • What to Expect from Your Employer When You're Expecting: Maternal Health

ADDITIONAL INFORMATION AND RESOURCES:

  • FLSA Protections to Pump at Work can be found at: Pump At Work Protections
  • Fact Sheet # 73: FLSA Protections to Pump Breast Milk at Work 
  • FAQs: FLSA Protections to Pump Breast Milk at Work.

What to Expect from Your Employer When You're Expecting:

Maternal HealthSupporting Nursing Moms at Work: Employer Solutions - Nursing Moms At Work

National Conference of State Legislatures Compilation of State Breastfeeding Laws - State Laws On Breast Feeding

Surgeon General’s Call to Action to Support Breastfeeding - Surgeon General’s Call to Action to Support Breastfeeding

EEOC Enforcement Guidance on Disparate Treatment  - EEOC

OPM Guidance on Nursing Mothers in the Federal Workforce- Guidance On Nursing Mothers

Guide for Establishing a Federal Nursing Mother’s Program-  Guide for Establishing a Federal Nursing Mother’s Program.

CDC Workplace Lactation Support Program Toolkit- CDC

This policy may be updated at any time. Any questions relative to the policy shall be directed to Human Resources.


 

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