Pump at Work for a Year After Birth, Not in a Bathroom
For one year after your child’s birth, your employer must give you reasonable break time each time you need to pump breast milk, and the place to pump can’t be a bathroom; it must be shielded from view and free from intrusion by coworkers and the public. This is a rule under the Fair Labor Standards Act (FLSA), and the 2022 PUMP Act expanded it to more nursing employees.
The Department of Labor lists agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers as examples of who is protected. This article follows the Wage and Hour Division (WHD) page: your rights, who is protected and who to contact.
Your two rights
The Department of Labor explains (DOL WHD FLSA protections to pump at work):
- Break time: for one year after your child’s birth, your employer must give you reasonable break time each time you need to pump.
- Place: not a bathroom; it must be shielded from view and free from intrusion by coworkers and the public.
Who is protected
- Expanded coverage: the PUMP Act, enacted December 29, 2022, expanded these rights to more nursing employees, such as agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.
- Rail and motorcoach: certain rail carrier and motorcoach employees are covered starting December 29, 2025.
Who to contact
- Complaints: file with the Department of Labor’s WHD at 1-866-487-9243 (1-866-4-US-WAGE).
For how to file a WHD complaint and what to prepare, see Unpaid Wages, File with DOL Wage and Hour, No Retaliation; for asking for changes at work during pregnancy and nursing, see Pregnant Workers, Ask Employers of 15+ for Accommodations; for up to 12 weeks of unpaid leave after giving birth, see FMLA Leave, Up to 12 Unpaid Weeks, Job and Health Plan Kept.
What this article did not check
- Whether pumping breaks are paid: the page doesn’t say, so this article doesn’t either.
- When employers can claim an exemption: the page mentions it only briefly and doesn’t say which employers it applies to, so this article doesn’t cover it.
- State rules on nursing: this article covers only the federal rules and did not check state laws.
Frequently asked questions
Can my employer have me pump in the bathroom?
A bathroom isn’t enough. The Department of Labor says the place can’t be a bathroom and must be shielded from view and free from intrusion by coworkers and the public.
Until what age of my child does this apply?
This protection lasts for one year after your child’s birth.
I’m a teacher or a driver. Am I covered?
The Department of Labor lists teachers and truck and taxi drivers as examples of workers the PUMP Act expanded these rights to.
My employer won’t give me breaks. Who do I call?
The Department of Labor’s WHD at 1-866-487-9243.
Sources and dates checked
All checked on 2026-10-31.
- U.S. Department of Labor, Wage and Hour Division, FLSA Protections to Pump at Work (revised January 2026):https://www.dol.gov/agencies/whd/pump-at-work