Nursing Mothers Rights at Work in Pennsylvania: Pumping & Lactation Laws

The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. section 207(r), requires employers to provide nursing mothers with reasonable break time and a private space to express breast milk for up to one year after the child's birth. The private space must be other than a bathroom and must be shielded from view and intrusion. The requirement applies to all private employers covered by the FLSA, which includes most employers with employees engaged in interstate commerce. Break time must be provided as frequently as the nursing mother needs it during the workday.

The requirement for paid break time depends on employer size and circumstances. Employers with 50 or more employees in a 75-mile radius are required to provide break time, and it may be paid or unpaid depending on state law and employer policy. Employers with fewer than 50 employees may claim undue hardship as a defense if compliance would impose a substantial cost or difficulty. The Pregnancy Discrimination Act (PDA) also protects nursing mothers from discrimination based on pregnancy, childbirth, or related medical conditions. The EEOC enforces these protections, and violations can result in back pay, damages, and compensatory relief.

Pennsylvania does not have a separate statute specifically addressing nursing mothers' break time rights; however, the state enforces federal protections through the Pennsylvania Human Relations Act (43 Pa.C.S. section 951 et seq.) and the Pennsylvania Department of Labor and Industry. Pennsylvania's Human Relations Act prohibits discrimination based on pregnancy and related conditions, which extends to denial of reasonable accommodations for nursing mothers.

Under Pennsylvania law, nursing mothers are protected from discrimination in hiring, retention, and terms of employment. The state's approach is to enforce federal FLSA requirements at or above the federal baseline. Pennsylvania does not require employers to pay for break time used to express milk; however, if an employer has a policy of paying for other personal break time, the employer cannot discriminate by excluding nursing mothers.

Pennsylvania employers covered by the FLSA must provide the same reasonable break time and private space requirements. The state does not impose additional thresholds beyond the federal 50-employee standard in the 75-mile radius test. Violations can be reported to the Pennsylvania Department of Labor and Industry, which works with federal investigators. Remedies available under state law include wage claims filed with the Pennsylvania Department of Labor and Industry, as well as complaints of discrimination under the Human Relations Act, which can result in cease-and-desist orders, compensatory damages, and injunctive relief.

Pennsylvania's courts have recognized that denial of reasonable accommodations for nursing may constitute sex discrimination. Unlike some states, Pennsylvania does not provide a specific statutory floor for break duration or location requirements beyond the federal standard; however, the state enforces the federal requirement strictly.

The undue hardship exemption applies to employers with fewer than 50 employees within a 75-mile radius. An employer can claim undue hardship if compliance would impose a substantial cost or difficulty on business operations; however, this requires proof and is not automatically granted. Employers are not required to provide health insurance coverage for breast pumps or breast milk storage beyond what the health plan covers for other medical equipment.

Employers may deny break time if the nursing mother has finished expressing milk and no longer needs accommodation. Self-employed individuals and workers classified as independent contractors are generally not covered by the FLSA, though they may have rights under other laws.

Employers are not required to provide a private space if one genuinely does not exist and cannot be created without substantial cost or disruption; however, this defense is narrowly applied and bathrooms are never acceptable. If an employer has no dedicated non-bathroom private space, the employer must make reasonable efforts to create one, such as using an office, break room, or designated storage closet.

Union employees covered by a collective bargaining agreement may have additional protections or different procedures for requesting accommodations, but the CBA cannot reduce protections below the federal floor. If a nursing mother is on FMLA leave, the employer must continue to provide access to a private space for pumping if the mother is working part-time or has returned to work during leave.

Step 1: Document Your Right to Pump — Keep records of all requests for break time and private space, including dates, times, and to whom you made the request. Save any written communications (emails, text messages, formal requests). Take photos or notes about the space provided (e.g., if you were directed to a bathroom). Record any pushback, denial, or negative comments from supervisors. Document your work schedule, pumping frequency, and any time you missed pumping because the space was unavailable or the break was denied.

Step 2: Make a Formal Request and Document the Response — Request break time and a private space in writing (email is acceptable). Be specific: state that you are a nursing mother, explain your needs, and propose a reasonable schedule (e.g., two 15-minute breaks daily). Keep a copy of this request and any response from your employer. If the employer denies the request, ask for the denial in writing or document the verbal denial with the date, time, and name of the person who denied it. If your employer claims undue hardship, request an explanation in writing and document how the employer arrived at that conclusion.

Step 3: File a Complaint with the Right Agency — For wage issues (unpaid break time), file a wage complaint with the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance. Visit www.dli.pa.gov or call 717-787-5279 (Harrisburg office) or 1-800-346-5253 (toll-free). You will need your name, employer name and address, dates of violations, description of the violation, and documentation. For discrimination claims, file a complaint with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the violation. Online filing is available at www.phrc.pa.gov or contact 717-787-9780. You can also file a federal complaint with the EEOC (www.eeoc.gov or 1-800-669-4000) within 180 days; Pennsylvania is a "deferral state," meaning the EEOC will send your complaint to PHRC first, but you have 300 days from the violation to file federally if you do not file with PHRC first.

Step 4: Understand the Investigation Process — The Pennsylvania Department of Labor and Industry will review your wage complaint and contact your employer to request records of compensation and break time. Investigations typically take 30-90 days, though this varies. The PHRC investigator will interview you and your employer, review evidence, and determine whether there is probable cause of discrimination. If probable cause is found, the PHRC will attempt conciliation (settlement). If conciliation fails, the case may proceed to a hearing before a PHRC judge. This process typically takes 6-12 months. Be prepared to provide all documentation, timelines, and witness names.

Step 5: When to Consult an Attorney — Consult an employment attorney if your employer retaliates after you request pumping accommodations (e.g., threatening discipline, reducing hours, or termination). An attorney is critical if your employer denies your request entirely or offers only a bathroom. Contact an attorney if the investigation stalls or the agency declines to pursue your case; a private attorney can file suit in state or federal court. Many employment attorneys offer free initial consultations and may work on contingency (no upfront cost, paid only if you win or settle).