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Does my employer have to provide a place for me to breastfeed?

On Behalf of | May 8, 2024 | Discrimination

For residents that will soon have their baby, they may worry that returning back to work will affect their breastfeeding schedules. However, in Denver, Colorado, the law is clear: employers must provide accommodations for breastfeeding employees.

State and federal laws

Both state and federal laws require employers to provide accommodations for breastfeeding employees. The Colorado law (8-13.5-104) specifically requires all employers to provide reasonable unpaid break time, or allow an employee to use paid break and/or mealtime, each day to express breast milk for their nursing child up to 2 years after the child’s birth.

Similarly, the Fair Labor Standards Act has similar requirements. Though, it additionally requires employers to give breastfeeding employees a private space to pump.

Workplace Accommodation for Nursing Mothers Act

The Workplace Accommodation for Nursing Mothers Act, effective in 2008, further clarifies these requirements. Employers must make reasonable efforts to provide a place in close proximity to the work area, other than a toilet stall, for the mother to express breast milk.

Protection against discrimination

Importantly, employers cannot discriminate against women for expressing milk in the workplace. This means that if you are a nursing mother, you have the right to express milk at your workplace without fear of retaliation or discrimination.

Public breastfeeding law

In addition to workplace protections, the Public Breastfeeding Law (Colorado Revised Statutes 25-6-302) establishes that a mother may breastfeed in any place she has a right to be. This law is part of a national movement to recognize the medical importance of breastfeeding and to encourage the removal of societal boundaries placed on breastfeeding in public.

Conclusion

Denver, Colorado, employers are required by law to provide accommodations for breastfeeding employees. These accommodations include providing break time, a private space for expressing milk and protecting employees from discrimination related to breastfeeding.