Are you a breastfeeding attorney? Have you encountered a door hanger with this website? 

Not all parents decide to breastfeed, and those who do should feel supported. It can be a frustrating process, and help may be available through ones healthcare provider.

If one plans on returning to work in a traditional office environment, it helps to let your employer know in writing that you are breastfeeding, and that you will need your employer to provide you with a suitable private space.

What is a suitable space?

To breastfeed or pump milk, you need a space which is clean (not a toilet) and available when they need it. The space must be private, either a room with a lockable door or an area which is screened off from view. Women using an electronic breast pump need an electrical outlet. There should be access to running water but this does not need to be in the same space.

Although lactation spaces do not have to be permanent, for many small employers, square footage is simply not available. For many attorneys at court or in their offices, they must use what office space and conference rooms are available, many without a locking door to assure their privacy. We have, for those who use their office or other non-dedicated lactation spaces, a free PDF of DO NOT DISTURB door hangers.

What does the law require?

The US does not have paid leave policy, and less time at home means needing access during working hours to pump. So, while the American Academy of Pediatrics recommends exclusively breastfeeding infants for six months, break time for nursing mothers at work wasn’t legally required until the Affordable Care Act (ACA) in 2010. The ACA compelled most health care plans to cover the cost of breast pumps. Dual electric pumps can range from $75 to several hundred dollars. The ACA also requires many health care plans to cover the cost of support and counseling.  The ACA also requires employers to offer “a place other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public,” the regulations only apply to employers not exempt from the Fair Labor and Standards Act (FLSA). That means employers with fewer than 50 employees can avoid providing privacy due to an undue hardship to do so, leaving it up to the lactating employee to ask for accommodation. Some states have passed laws requiring accommodation, so check your state laws.  

Milk storage

Women who express milk need somewhere to store it. This could be in a secure container in a refrigerator or in a coolbox. Breast milk can also be kept at room temperature for a few hours.

Breaks to breastfeed or pump

It takes between 20 minutes and 45 minutes to pump milk. When babies are smaller, they feed little and often. The number of feeds decreases as they get older. In an eight hour working day, you may need approximately 1-2 breastfeeding or pumping sessions for a baby older than 12 months; 2 sessions for a baby 8 months to 12 months; 2-3 sessions for a baby 6 months to 8 months; 3-4 sessions for a baby 6 weeks to 6 months; and 4-5 sessions for a baby under 6 weeks. The length and frequency of breaks will depend on the person’s production and baby’s needs. Breaks should also take into account the time it takes for you to get to and from the place where they will breastfeed or express. Accordingly, in order to maintain production and avoid health complications, breastfeeding parents need to take two to three times during their eight hour shift. For many attorneys working longer hours than a typical 40 hour work week, this can mean they pump more at work than they do at home.

Laws vary state to state, and an excellent resource for finding out your rights, whether an exempt or non-exempt employee, check out the breastfeeding information on the Pregnant at Work website.

Endnotes:

[1] Ortiz, J., McGilligan, K., & Kelly, P. 2004. ‘Duration of breast milk expression among working mothers enrolled in an employer- sponsored lactation program’. Pediatric Nursing, 30(2), 111-119.