Happy (almost) Mother’s Day! Many new mothers face the sometimes daunting task of figuring out how to continue nursing and maintaining their supply of breast milk after returning to work.

Photo credit: Photo by Flickr user ECohen

In honor of Mother's Day, we're celebrating some new protections and guidelines for nursing mothers in the workplace. The new Reasonable Break Time for Nursing Mothers rule will help an estimated 19 million women of childbearing age.

What does the Reasonable Break Time for Nursing Mothers amendment cover?

It requires employers to provide:

Reasonable break time: This is enough time to express milk as needed. Your break time does not have to be paid; though, if you have paid breaks and use your paid break to pump, you should be compensated as usual.

A private, non-bathroom place for nursing mothers to express breast milk during the workday: The space does not have to be a dedicated breast feeding space—but here’s what it does need:

• Shielded from view
• Available when needed
• Free from intrusion from co-workers and the public

Space: The mother should be provided with a space to store her equipment, and a cooler for her expressed milk.

Are you eligible?

The Reasonable Break Time for Nursing Mothers law does not apply to all mothers; it’s for FSA nonexempt employees. Not sure if that includes you? Typically, nonexempt employees refers to employees who are:

• Hourly workers (Retail, restaurants, etc.)
• Non-salaried
• Subject to overtime laws in Section 7 of the Fair Labor Standards Act

If you’re still not sure, check your paystub or talk to your employer to determine your status.

Here are a few more eligibility factors to keep in mind:

• The age of your child matters: This law applies to women who are pumping for babies up to one year of age.
• If your company has less than 50 total employees, they may qualify for an undue hardship exemption. If they have shown that compliance would cause “significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business,” they may not have to comply.

I’m not eligible. What do I do now?

• Look up state laws: If you’re not a nonexempt employee, look into your state’s laws: Some states have their own, similar policies.
• Share these resources: The Business Case for Breastfeeding is an excellent set of materials from womenshealth.gov that shows employers the benefits of supporting breastfeeding employees, and shows employers the best ways to offer support.

I am eligible, but my employer isn’t complying. What do I do?

Use this guide on the Department of Labor/ Wage and Hour Division website to help you file a complaint.  When you’re ready to file, call the toll-free WHD number 1-866-487-9243.

Additional Resources:

“Top 5 Tips for Working and Breastfeeding“ by Bettina Forbes

“FAQs: Break Time for Nursing Moms” from the United States Breastfeeding Committee

Fact Sheet #73: Break Time for Nursing Mothers under the FLSA, from the Department of Labor

***Want to keep celebrating Mother's Day before the big day this Sunday? Celebrate with us this Thursday, May 10, at 12 PM PT/3 PM ET by joining MomsRising, Mocha Moms and Mamiverse for a Tweetchat with the White House! We'll be celebrating moms and you'll have a chance to share your stories, questions and comments with us and senior White House officials. Use #MomsatTheWH to join the party!