Between the physical recovery from childbirth, getting to know the new baby and figuring out breastfeeding, the weeks after giving birth can be intense. Even when all goes fairly smoothly, there’s a big learning curve. For many, just as things start to settle down, it’s time to go back to work. 

Some families can manage three to six months or more before going back to work. Other families find it difficult to take even the customary six weeks off before financial realities cut the baby-moon short; many go back to work after just two or three short weeks.

Going back to work can be stressful enough, what if figuring out the breast-pumping situation at work didn’t have to be part of that stress?  This is exactly what is happening for more and more families as lactation accommodation laws become more integrated. 

According to the US government’s Health and Human Services brochure, The Business Case for Breastfeeding; Steps for Creating a breastfeeding friendly worksite, companies that support breastfeeding workers experience better worker retention (less money spent on training new employees), fewer sick days taken (breastfed babies have significantly fewer sick days that make their parents miss work) and lower healthcare/insurance costs (more insurance claims are filed by non-breastfed babies).   And supporting breastfeeding families results in positive public relations.  

For every streamlined experience, however, there are others who struggle with their situation at work.  Employees can be afraid to “rock the boat” by asking for extra break time to pump or for space to store the breast-pump.  Newly hired workers with breastfed babies at home can worry that their job or full time status might be in jeopardy if they ask for a private place to pump.  

Current lactation accommodation laws require the bare minimum: time and space to pump and store breastmilk.  Some companies may need a nudge to provide the required accommodations, but with some support can find innovative solutions. It doesn’t take much to make breastfeeding workers feel welcomed and valued. Farm workers use pop-up tents in the fields to pump at work with the support of their supervisors and co-workers. A storage room can double as a lactation room by installing a lock, clearing a shelf and providing a chair.  Lactation rooms can also come stocked with breast-pumps, snacks, breastfeeding information, resources and support. Onsite daycare and baby-friendly offices that welcome babies and breastfeeding on-site can be a dream come true.  

Whether it’s super-deluxe or the bare minimum, every employer should have a written workplace policy for lactation accommodation.  The human relations (HR) department should provide information and outreach to pregnant employees, ideally, without them needing to ask.  For many businesses, however, the first time they think about lactation accommodation is the first time someone needs it.  Instead of HR, it might be an uninformed supervisor who is approached with the request for space to pump, and problems can arise when lactation accommodation is not recognized as a requirement for employers.  

The law requires the accommodation for most businesses, unless it causes a real hardship for a small business.  And because it is required, the law also protects employees from retaliation, like being fired.  Workers can find help with planning for the transition from WIC, the California Breastfeeding Coalition, and the Department of Labor (DOL).  Most employers find that with a little brainstorming they can find a way to supporting their workers who want to continue breastfeeding for the first year after birth.  

The DOL is happy to step in to let employers know how the law works when necessary.  Employees can rest assured that there is real-time support out there. Misunderstandings need to be quickly resolved because, as anyone who has breastfed knows, you can’t go long without regularly pumping when away from the baby. Without regular empting, not only does the milk supply start to decrease quickly, overfull breasts can result in mastitis, an illness that can take several days to resolve.

The San Jose office of DOL is the closest local office and they will addresses complaints about lactation accommodation quickly. They understand the time restraints and try to resolve lactation complaints as soon as they are made. They are talking days, not weeks in fact, sometimes it’s a matter of hours. This office takes lactation accommodation seriously!  While state laws differ slightly and can offer the employee more protection, federal laws do overlap and the DOL may offer a quicker response in a pinch, than busy state resources. 

Everyone can help future families by looking for opportunities to ask about lactation accommodation policies at their work.  Volunteer put together a policy at your place of work if one doesn’t yet exist.  Invite the DOL representatives to speak with the HR department about their lactation accommodation responsibilities.  Share information about the laws, both federal and state, with other employees and be supportive of the extra time and energy pumping at work can take.