Lactating employees have the right to express breast milk in the workplace without fear of discrimination or retaliation. Unfortunately, many workers are denied basic accommodations, harassed for taking pump breaks, or penalized for asserting their rights. One such law, the Fair Labor Standards Act (FLSA), protects nursing mothers for up to a year after childbirth.
Under federal and Illinois law, employers must:
- Provide break times to express milk;
- Provide a private, non-bathroom space that is shielded from view and free from intrusion from coworkers and the public to express milk;
- Refrain from retaliating against employees who request or use these accommodations.
The employee must be fully relieved from performing any job duties during her pump break. If the employee performs any work while pumping, then the time must be paid.
Illinois and federal law also prohibit discrimination or retaliation against employees for asserting their rights to a clean, private time to express milk at work.
If your employer has denied you time or space to pump, has not paid you for pumping time although you were working, retaliated against you for requesting accommodations, or otherwise discriminated against you for breastfeeding, you may have a valid legal claim. Contact Caffarelli & Associates for a confidential consultation. We are here to help you stand up for your rights and ensure that all workers—especially new parents—receive the dignity, respect, and support they deserve.
