When nursing mothers return to the office, they may require time and a special place to pump milk for their babies. Must employers accommodate these needs?
Colorado law
In Colorado, the Workplace Accommodations for Nursing Mothers Act sets clear guidelines for employers. Under this law, employers are required to allow nursing mothers reasonable break time to express breast milk. This break can be unpaid, or the mother may use her paid break time or mealtime. This right extends for up to two years after the child’s birth. You must also be given a private area to pump too. This cannot just be the bathroom. It must generally be locked and shielded from other employees.
Undue hardship
While employers must comply with these requirements, they are not expected to do so if it creates an undue hardship. This means the employer’s size, financial resources and the nature of the business are considered when determining what is reasonable.
Federal law
The PUMP for Nursing Mothers Act, enacted as part of the Consolidated Appropriations Act of 2023, mirrors many of the protections provided under Colorado law, but with some differences. The federal law under the Fair Labor Standards Act also mandates that employers provide reasonable break time for expressing breast milk, but only for up to one year after the child’s birth. The space provided must not be a bathroom, and like Colorado law, it must be private and free from intrusion.
Exemptions
Some employees, such as those in certain transportation industries, may be exempt from these protections under federal law. However, they might still be protected under state laws or other specific regulations.
When both state and federal laws are applicable, employers must adhere to the law that offers the most protection to the employee. In Colorado, this typically means following the state law, which provides more extended rights for nursing mothers.
Employers in Colorado must ensure that their workplace policies accommodate nursing mothers by providing both time and space for pumping. Compliance with these laws not only fulfills legal obligations, but also fosters a supportive and inclusive work environment. For employees, understanding these rights is crucial to ensure that they receive their accommodations.