In Colorado, breastfeeding employees are entitled to specific protections under both state and federal law. These laws ensure that workers have access to accommodations that allow them to express breast milk during their workday, whether in an office or while teleworking.
State law
Our state requires employers, regardless of their size, to provide reasonable, unpaid break time for employees to express breast milk for up to two years after the birth of a child. Alternatively, employees may use their paid break or mealtime for this purpose.
Employers must also make reasonable efforts to offer a private space that is not a bathroom for employees to express milk. This area must be free from intrusion and shielded from view, and ensure that breastfeeding employees have the privacy they need.
Federal law: PUMP Act
The federal PUMP Act extends similar protections nationwide. Under this law, employers must provide reasonable break time for breastfeeding employees for one year after the child’s birth. As with Colorado’s law, the space provided for expressing milk cannot be a bathroom and must offer privacy.
For employees who work from home, the law also requires employers to ensure the same rights. Teleworking employees must be given the flexibility to take breaks to express milk, and employers should collaborate with them to create a schedule that accommodates these needs. Even while teleworking, it is important that employees have a private space where they can express milk comfortably.
Balancing break time and business needs
Both state and federal laws aim to strike a balance between supporting breastfeeding employees and the operational needs of the business. Employers are expected to make reasonable efforts to accommodate these breaks without causing undue hardship to their operations. What is considered “reasonable” often depends on the size and resources of the business.
Employers in Colorado must comply with both state and federal laws, following the one that provides greater protection to employees. By following these regulations, employers create a supportive environment for breastfeeding employees and foster a more inclusive workplace. By adhering to these requirements, businesses can play a crucial role in helping new parents manage their work and family responsibilities effectively.