If you are a breastfeeding employee in Pennsylvania, it is essential to know that you have specific rights to support your needs during the workday. Both federal and state laws provide protections that ensure you have the necessary accommodations to express breast milk while continuing your employment.
Break time for expressing milk
Under the Fair Labor Standards Act, your employer is required to provide “reasonable break time” for you to express breast milk for up to one year after your child’s birth. The frequency and duration of these breaks depend on your individual needs, meaning you can take as many breaks as necessary throughout the day to express milk.
However, it is important to note that the FLSA does not require these breaks to be paid. If your employer already offers paid breaks, and you use that time to express milk, you must be compensated the same as other employees who take breaks for personal reasons. If you need more time beyond what is typically allowed, that additional time may be unpaid.
Private space for lactation
The law also mandates that your employer provides a private space, other than a bathroom, where you can express milk. This space must be shielded from view and free from interruptions by coworkers or the public. The space should be functional as a lactation area, ideally including a chair, a flat surface for your breast pump and access to an electrical outlet.
Exceptions for small employers
There are some exceptions to these requirements. If your employer has fewer than 50 employees, they might be exempt from these provisions if they can prove that complying would cause undue hardship. This exemption considers factors like the size of the business, its financial resources and the nature of the work.
Additional state protections
Beyond federal protections, Pennsylvania state law also safeguards your rights. The Pennsylvania Human Relations Act prohibits discrimination against employees for breastfeeding or expressing milk. This means your employer must treat you the same as any other employee with similar work limitations or abilities.
Conclusion
If you are a breastfeeding employee in Pennsylvania, you generally have the right to reasonable break time and a private and a functional space to express milk during the workday. While small employers might have some exceptions, most businesses are required to accommodate these needs. Understanding these rights can help you ensure that you receive the necessary support from your employer while continuing to care for your child.