Equity and Access Services

This is the "Providing Urgent Maternal Protections for Nursing Mothers Act" or the "PUMP for Nursing Mothers Act" (PUMP Act). The Department of Labor is responsible for the enforcement of the PUMP Act.  Protections apply regardless of the employee’s gender.

Find information and guidance on the Break Time for Nursing Mothers webpage.

The legislation’s requirement to provide lactation break time and space to previously uncovered workers (teachers, registered nurses, farmworkers, and others) went into effect on December 29, 2022.

All VCU employees have a right to reasonable break times to express breast milk for up to a year after a child's birth. In addition, VCU policies, including the Preventing and Responding to Discrimination Policy, prohibit discrimination in the workplace, academic setting or any of its programs or activities on the basis of pregnancy, childbirth or related medical conditions, which includes lactation.

• Breastfeeding support helps employers keep their best employees so that less money is spent hiring and training new employees.
• Breastfeeding employees who are supported in the workplace report higher productivity and loyalty. 
• Supporting breastfeeding employees creates a positive public image.

The frequency of breaks needed to express breast milk varies depending on factors such as: the age and size of the baby, the number of breast feedings in the baby's normal daily schedule, and whether the baby is eating solid food.  The needs of the baby will change overtime and therefore the schedule for pumping will evolve as well.  We encourage managers and employees to review together to make appropriate adjustments to the schedule, as needed.

In the first six months of life a baby may need as many as 8 to 12 feedings per day. This means that a nursing baby needs food every two to three hours. A lactating individual produces milk continually throughout the day and night in order to meet the needs of the baby.  If the baby does not take the milk directly from the mother, it must be removed by a pump about as frequently as the baby usually nurses.  If a lactating individual is unable to express breast milk while they are  away from their baby, they may experience a drop in their milk supply.  This could result in their inability to feed their child. The inability to express milk may also lead to a serious infection, called mastitis, in the lactating individual.

Lactating individuals typically will need breaks to express milk two to three times during an eight hour shift. Longer shifts will require additional breaks to express milk.

Depending on the lactating individual’s work schedule, it may be that the frequency of breaks needed tracks with regular breaks and lunch periods, but this will not always be the case.  

The length of time necessary to express milk also varies from person to person.  The act of expressing breast milk alone typically takes about 15 to 20 minutes, but there are many other factors that will determine a reasonable break time.  The following factors should be considered:

• The location of the space and the amenities nearby, and an example of this would be the proximity to an employee's work area.  If the person has to travel five or more minutes to an appropriate space, the break time may need to be longer. 
• The availability of sink for washing pump parts, location of refrigerator or personal storage for the milk. Both of these factors will affect the length of break an employee will need to express milk. 

In assessing the reasonableness of break time provided to a lactating individual, managers should consider all the steps reasonably necessary to express breast milk, not merely the time required to express the milk itself.

The Business Case for Breastfeeding is a helpful resource, with handouts, to use when thinking through how to talk with your employee about pumping breaks.

No. A temporarily created or converted space for expressing milk is sufficient, provided the space is shielded from view, free from intrusion, and is not a bathroom. The location must be functional as a space for expressing breastmilk, including an electric outlet, chair, small table or shelf for pump, and near a water supply to wash hands and pump parts. The space must be accessible when needed. If more than one breastfeeding employee will need the space, curtains or dividers can be used to ensure privacy. Managers are encouraged to create dedicated space, even if temporary.

VCU has dedicated lactation spaces that can be found under the Family Resources “Lactation Rooms” section of the webpage.  The “Adding to the Family” tab also lists additional resources and information to assist lactating individuals.

See the Lactation Policy, section 2(B).

While employers are not required to provide refrigeration options for lactating individuals for the purpose of storing expressed breastmilk, they are required to allow a lactating individual to bring and securely store a pump and insulated food container for breastmilk while at work. (This is similar to providing employees with a place to store lunch or meals that they bring to work in insulated food containers.)

In many workplaces, the lactating individual will be able to keep the pump and insulated container near their work space, but some settings require a separate place for stowing the pump and insulated food container (e.g., a locker, closet, cabinet, or other space) to protect them from contamination.

It depends. A non-exempt employee may choose to use paid breaks for lactation or to request additional unpaid breaks without penalty. Employees who take unpaid breaks, for the purpose of expressing breastmilk, must be relieved of all work duties during that time or the breaks will be paid. Those employees who wish to work while expressing milk must be paid for that time. Managers may not compel employees to work while expressing milk or to take unpaid breaks. Managers are encouraged to consider flexing or adjusting an employee’s work schedule to accommodate their lactation needs.