New Jersey Breastfeeding Coalition

NJBFC is dedicated to promoting, protecting and supporting all families on their breastfeeding journey.

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Breastfeeding and Employment

Updated March, 2023

Photo: U.S. Breastfeeding Committee

New Jersey Employees Who Breastfeed Must Be Protected and Accommodated at Work  

Continuing breastfeeding after the return to paid employment can be very challenging.   If parents will be separated from their babies for several hours a day and wish to provide their breastmilk, it is important for them to express milk at appropriate intervals to maintain the milk supply, to provide sufficient their milk for the child while separated and to keep the breasts healthy and comfortable. Fortunately, both New Jersey law and federal law require rights for breastfeeding and pumping employees who wish to express milk at work.

New Jersey Law on Expressing Milk in the Workplace

Since 2018, the New Jersey Law Against Discrimination (NJLAD) has required the following accommodations and protections for employees to express their milk in the workplace:

  • All employers* must provide reasonable accommodations to breastfeeding employees which include reasonable break time and a private place to pump other than a toilet stall, that is in close proximity to the employee’s work area. The law does not contain an age limit on the child who is being provided the pumped milk.
  • “Breastfeeding” is now a protected class under the NJ Law Against Discrimination (N.J.S.A. 10:5-12) (LAD), so it is illegal to discriminate against, harass or retaliate against a person in employment on the basis of their breastfeeding status.

(P.L.2017, Chapter 263)  *All New Jersey employers are covered by the NJLAD except certain federal government employers and independent contractors.  If you think your pumping rights have been violated, you can file a complaint at the NJ Division on Civil Rights or file a lawsuit in NJ Superior Court.

The New Jersey Breastfeeding Coalition has created an Employee’s Fact Sheet:  Workplace Breastfeeding Rights in New Jersey (download below) and an Employer’s Fact Sheet: Workplace Breastfeeding Rights in New Jersey (download below) and an infographic in English and Spanish (download below) to help employees and employers understand their rights and obligations under state law.

If you have further questions about the  NJ LAD’s protections for pumping in the workplace, contact us at NJBreastfeedingCoalition@gmail.com .

CLICK ON EACH SHEET BELOW TO DOWNLOAD IT.

                                                                                          

Federal Laws on Expressing Milk in the Workplace

In addition to New Jersey law, federal law also that provides rights to employees.  The federal PUMP for Nursing Mothers Act (PUMP Act) was passed in December 2022 to close up gaps in the “Break Time for Nursing Mothers” law.  These laws require the following:

  • Nearly all employees,** Including full time employees (teachers, nurses, farmworkers and others) are entitled to “reasonable break time for an employee to express breast milk for her nursing child “each time such employee has need to express the milk,” for one year after the child’s birth”.
  • An employee may file a lawsuit seeking monetary damages against an employer who breaks the law.
  • Employers must count pumping time as work time for workers who are paid hourly and eligible for overtime if the employee is not completely relieved from their work duties during the pumping break.

**Airline flight crewmembers are not covered by the PUMP Act.  Special rules apply to certain rail carrier and motorcoach employees.  Employers with fewer than 50 employees are not subject to the break time requirement if the employer can demonstrate that compliance with the provision would impose an undue hardship, which is determined on a case by case basis.

Legal Rights Resources for Breastfeeding in the Workplace 

Download NJBC’s Fact Sheets and Infographic above

NJ Division on Civil Rights.  5 Things You Should Know about Accommodations for Pregnancy and Breastfeeding at Work.  https://www.nj.gov/oag/dcr/downloads/fact_BRST.pdf

A Better Balance.  The PUMP for Nursing Mothers Act: What You Should Know.  https://www.abetterbalance.org/resources/pump-for-nursing-mothers-act-explainer/

A Better Balance & Center for Worklife Law.  Talking to Your Boss About Your Pump: New Jersey.  https://www.abetterbalance.org/resources/talking-to-your-boss-about-your-pump-new-jersey/ 

New Jersey Education Association.  Lauren Zucker, PhD.  Advocating for Members’ Lactation Rights.  https://www.njea.org/advocating-for-members-lactation-rights/ 

New Jersey Education Association.  Lauren Zucker, PhD. Pumping at Work:  What All Educators Need to Know. https://www.njea.org/pumping-at-work/

US Breastfeeding Committee, Workplace Support in Federal Law, http://www.usbreastfeeding.org/workplace-law

US Department of Health and Human Services, Office on Women’s Health, Breastfeeding and Going Back to Work, https://www.womenshealth.gov/breastfeeding/breastfeeding-home-work-and-public/breastfeeding-and-going-back-work

US Department of Labor, Wage and Hour Division, Fact Sheet #73: Break Time for Nursing Mothers under the FLSA, https://www.dol.gov/whd/regs/compliance/whdfs73.htm

US Department of Labor, Wage and Hour Division, Frequently Asked Questions—Break Time for Working Mothers, https://www.dol.gov/whd/nursingmothers/faqbtnm.htm

 

 

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Your membership will help protect, promote, and support breastfeeding in New Jersey. To join the Coalition, please complete our membership form online. We are a non-profit and flourish on donations. Donations are encouraged but not required for membership. All donations are tax deductible and acknowledgment letters for tax purposes are … Read More »

Get In Touch

If you are looking for breastfeeding help, please visit zipmilk.org for a list of … Read More »

Breastfeeding is Important

Breastfeeding and human milk are the normative standards for infant feeding and nutrition. The American Academy of Pediatrics recommends exclusive breastfeeding for 6 months, followed by continued breastfeeding as complementary foods are introduced, with continuation of breastfeeding for 1 year or longer as mutually desired by mother and infant.

Medications and Breastfeeding

​Many breastfeeding women are wrongly advised to stop taking necessary medications or to discontinue nursing because of potential harmful effects on their infants. There are few medications that are “not safe” when breastfeeding. Ask your local lactation consultant then consult with your healthcare provider.

Getting Off to a Good Start

Getting off to a good start can help ensure your breastfeeding success. Find your local breastfeeding support services by visiting Zipmilk.org.

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  • Home
  • About Us
    ▼
    • Mission
    • Trustee Information
    • Diversity, Equity and Inclusion
    • News
  • Meetings & Events
    ▼
    • Submit Events and Announcements
    • National Breastfeeding Month
    • Lactation Events and Announcements
    • General Meeting Minutes
    • Trustee Meeting Minutes
    • Black Maternal Health Week
  • Membership
    ▼
    • Committee Descriptions
  • Legal Rights
    ▲
    • Breastfeeding in Public
    • Breastfeeding and Employment
    • Lactation Laws & Regulations
    • NJ PAID FAMILY LEAVE AND TEMPORARY DISABILITY PROGRAMS
    • Lactation Support in NJ Hospitals
  • Resources
    ▼
    • Recent New Jersey Breastfeeding Statistics
    • For Parents
    • For Healthcare Providers
  • Projects
    ▼
    • Lactation Equity Scholarship
  • Contact