Eight Maids A-Milking… and PUMP Act Protections for Pumping Parents

“On the eighth day of HR’s favorite season, my lawyers said to me… eight maids a-milking (and eight essential rules for supporting nursing employees).”

This time of year might have us humming about eight maids a-milking, but in the workplace, the real focus is ensuring every nursing employee has the protected break time and functional space they’re entitled to. Between the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), the FLSA, and increasingly robust state laws, lactation accommodations are a critical compliance area—and one that often trips up employers who underestimate the level of support required.

Lactation rights aren’t optional benefits. They’re mandatory workplace protections designed to support postpartum health, reduce discrimination, and promote employee retention.

Eight “Maids A-Milking” Rules for Lactation Accommodation

1. Provide reasonable break time for pumping

Under the PUMP Act, which was signed into law in 2022 and took effect in 2023, employers must offer reasonable (not one-size-fits-all) break time for expressing milk for up to one year after childbirth. Some states extend this period.

2. Ensure a private, non-bathroom space

The pumping space must be:

• Private
• Shielded from view
• Free from intrusion
• Not a bathroom
• And ideally equipped with a chair, table, and outlet

Temporary spaces are allowed if permanent ones aren’t feasible, but they must be available when needed.

3. Make the space functional

While the law sets minimum standards, best practices include:

• Nearby access to a sink and refrigerator
• Comfortable seating
• A clean surface for equipment

A functional space reduces time away and improves morale.

4. Do not retaliate for pumping breaks

Employees cannot be disciplined, denied opportunities, or subjected to negative treatment for taking pumping breaks. Retaliation claims can arise from subtle or indirect behavior—train supervisors accordingly.

5. Count breaks consistently for wage-and-hour purposes

If a pumping break coincides with a paid break, it remains paid.
If the employee is completely relieved of duties, additional pumping breaks may be unpaid—but only for non-exempt employees. Missteps here can lead to FLSA violations.

6. Train managers on compliance

A compliant policy isn’t enough if supervisors don’t follow it. Managers should understand the law, know how to respond to requests, and avoid comments or conduct that could appear dismissive or discouraging.

7. Address multi-state complexities

State laws can exceed federal requirements on:

• Length of break time
• Duration of the right to pump
• Space requirements
• Compensation rules

If you operate in multiple jurisdictions, defaulting to the most protective standard often simplifies administration.

8. Document your practices

Maintain clear written policies, document requests and accommodations, and ensure employees know whom to contact. Paper trails help prevent misunderstandings and defend against claims.

The Takeaway

A supportive lactation program isn’t just legally required—it’s an easy win for workplace culture. Ensuring adequate space, reasonable break time, and manager training helps protect employee health and minimize legal risk.

If your lactation policy hasn’t been updated since the PUMP Act or if your facilities need a compliance check-up, now is a perfect time to review your practices with legal counsel. Reach out to Hannah or other members of Verrill’s Labor and Employment practice group.

Continue reading our series with Day 9 here.