Compliance + Policy
August 28, 2024

Creating a Breastfeeding-Friendly Workplace: Why It Matters and How to Get It Right

Learn about important laws, lactation policies, and strategies to support breastfeeding parents returning to work.
Written by
Parento
Category
Compliance + Policy

Supporting breastfeeding employees is not just a legal obligation—it's a smart business strategy. Recent discussions, including our webinar "Leadership Power Hour: Creating a Breastfeeding Friendly Workplace," have shed light on why investing in lactation-friendly practices is beneficial for both employees and employers. Learn about important laws, lactation policies, and strategies to support breastfeeding parents returning to work.

Download the free Workplace Guide

Meet the Experts

We brought together experts from the parental leave, lactation, and legal industries to help HR leaders and executives pump up workplace lactation supportive policies. Introducing the panel:

Amanda Hemm, Director of Parent Experience at Parento, specializes in enhancing the overall experience for working parents. As a certified lactation education counselor, Amanda brings valuable insights into creating supportive environments and addressing the needs of all new parent employees.

Amy VanHaren, CEO and Founder of Pumpspotting, leads a women's digital health company dedicated to supporting new mothers through community-centered solutions. Amy’s innovative approach includes an award-winning mobile app, comprehensive workplace lactation programs, and the iconic 36-foot "Barb the Breast Express" bus, which brings a unique and engaging platform for fostering community and connection among breastfeeding parents.

Aimee B. Parsons, Shareholder at Ogletree Deakins, is a seasoned employment law expert who guides employers of all sizes and types in navigating federal and state regulations. With a focus on the PUMP and PWFA Acts, Aimee has been instrumental in helping organizations understand and implement key compliance measures for supporting breastfeeding and lactation mothers, emphasizing the critical importance of inclusivity and legal adherence.

The ROI of Lactation Support in the Workplace

Investing in breastfeeding support isn't just about meeting legal requirements, it's a strategic move with tangible benefits. Studies show that companies with robust lactation programs see a 35:1 return on investment. This is partly because such programs contribute to lower healthcare costs, with participants saving an average of $2,146 per employee in maternity-related healthcare expenses. Newborn healthcare costs are also three times higher for those whose mothers did not participate in the maternity and lactation programs.

Supporting breastfeeding can enhance employee retention, reducing turnover costs associated with losing experienced staff, and increasing job satisfaction and productivity. Many women are delaying having children until later in their careers, which makes them even more expensive to replace. This institutional knowledge and experience becomes more valuable for companies, so not supporting the choice to breastfeed and offering lactation support in the workplace is a risky choice for businesses. 

Download the free Workplace Guide

Understanding the Laws: PUMP and PWFA

Unfortunately, 1 in 3 mothers lack reliable access to a workplace lactation space and 78% of moms said they were overwhelmed by pumping in the workplace. 50% of parents reported not feeling personally supported when pumping in the workplace, which is why two key pieces of legislation impacting all employers covered under the federal Fair Labor Standards Act (FLSA), set the minimum requirements for breastfeeding accommodations.

Providing Urgent Maternal Protections for Nursing Mothers (PUMP Act)

The right to pump at work has been recently codified in legislation under the PUMP Act. While pumping or breastfeeding in public was allowed, the PUMP Act expands rights for employees to pump breast milk at work. It mandates time and space for breastfeeding and ensures employees can pump without interference for up to 12 months. However, it only requires that this space be private shielded from view, and cannot be a bathroom. But the PUMP Act still only provides basic protections. 

Pregnant Workers Fairness Act (PWFA)

This additional legislation builds on the PUMP Act by requiring that the space be reasonable, regularly cleaned, and equipped with a refrigerator. The purpose of PWFA is to ensure pregnant and postpartum employees can retain their jobs and continue to support their families. It expands its protections beyond the first year of lactation to as long as the employee is lactating and chooses to breastfeed, prohibiting retaliation against employees requesting accommodations. The accommodations also can include lactation related conditions, such as low milk supply or mastitis. 

State Laws that Exceed the FLSA

While all breastfeeding employees are protected by the FLSA, a handful of states provide additional protections on top of the federal laws. While these laws may be new, it’s important for employers to be aware of these laws and their state-specific regulations, which may offer additional protections as state laws take precedence over federal requirements. 

Crafting a Comprehensive Lactation Policy

These laws and regulations should be worked into a lactation policy to ensure that all people managers and front-line supervisors are equipped to comply and support their lactating employees. While it may not seem necessary, a well-crafted lactation policy goes beyond the basics. Here’s what to consider:

  • Time and Space: Ensure employees have adequate time and a private, comfortable space for pumping. This space should be clean and equipped with necessary amenities, like a sink and a refrigerator.
  • Communication: Make the policy easily accessible and communicate it clearly to all employees. Proactive communication helps normalize breastfeeding and ensures employees know their rights.
  • Start the Conversation Early: Start the conversation early and ensure it’s ongoing for changing accommodations. Every breastfeeding journey is different, and the experience changes over time. 
  • Education and Training: Ensure all managers and HR staff understand their responsibilities under the PUMP and PWFA Acts. Training should cover how to handle accommodation requests and support employees effectively
  • Ongoing Evaluation: Regularly review and update your lactation policies and practices. Gather feedback from employees to ensure that the support provided meets their needs and fosters a positive work environment.
  • Flexibility: Recognize that each employee’s breastfeeding journey is unique. Be prepared to accommodate different needs and schedules.
  • Know the Laws: Train managers on the expectations and stay up-to-date on laws. 

Download the free Workplace Guide

Beyond Compliance: Creating a Culture of Support

Creating a supportive lactation-friendly workplace involves more than just providing a room. It’s as much about culture as it is about compliance. Here’s how to build a supportive environment.

  • Dedicated Lactation Rooms: Equip these rooms with comfortable seating, a sink, a fridge for milk storage, and amenities like baskets for storage and even some comforting decor.
  • Community Building: Foster a sense of community by including bulletin boards for sharing baby photos and notes. This can help reduce the isolation some breastfeeding employees feel.
  • Support Networks: Connect new parents with other employees who have experienced breastfeeding. This can provide valuable support and practical advice.
  • Open Conversations: Encourage open, supportive conversations about breastfeeding. Managers should be approachable and proactive in discussing needs and accommodations with breastfeeding employees.

Breastfeeding Friendly Workplaces

Supporting breastfeeding employees is not just about meeting legal requirements—it's a smart, compassionate business practice. By investing in lactation-friendly policies and creating a supportive workplace culture, companies can reap significant benefits in employee satisfaction, productivity, and retention. For more insights and practical tips on creating a supportive workplace, check out our upcoming events and resources, including the Parental Leave Summit on September 12, where we’ll be exploring the topic of Lactation and Breastfeeding with Milk Stork and Simplifed.

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