By Evan Lange
Yes. Under the federal PUMP for Nursing Mothers Act, most Texas employees have the right to reasonable break time and a private place, other than a bathroom, that is shielded from view and free from intrusion to pump breast milk at work, for up to one year after the child’s birth. Breaks can be unpaid unless you are not completely relieved from duty, and salaried exempt employees cannot have their pay reduced. Texas has no separate pumping law for private employers, so the federal law is the main protection, and firing or punishing you for using these rights can be illegal.
Going back to work after having a baby is hard enough. Being told to pump in a bathroom stall, in your car, or “on your lunch break only” makes it harder, and in many cases it is against federal law. Since December 29, 2022, the PUMP Act has extended these protections to millions of workers who were not covered before, including many salaried employees, teachers and nurses.
The PUMP Act amended the federal Fair Labor Standards Act (FLSA). For up to one year after a child’s birth, a covered employer must give a nursing employee:
The space does not have to be a permanent lactation room. A temporary or converted space can work, as long as it is available each time you need it. A private bathroom does not qualify, even if it locks.
If your employer docked pay it shouldn’t have, see our guide to unpaid wages in Texas.
Most employees covered by the FLSA are protected, hourly and salaried. The main exceptions are narrow:
If you work for the State of Texas, a city, a county or a school district, Chapter 619 of the Texas Government Code also requires your employer to adopt a written lactation policy, give you reasonable break time and provide a private space other than a bathroom.
Lactation is also connected to pregnancy discrimination law. In EEOC v. Houston Funding II (2013), the federal appeals court that covers Texas held that firing a woman because she was lactating or wanted to pump at work is sex discrimination under Title VII and the Pregnancy Discrimination Act. The Pregnant Workers Fairness Act can also require reasonable accommodations for lactation, such as a schedule change or a closer place to pump.
Learn more in our guide to pregnancy discrimination in Texas.
It is illegal to fire, demote, cut hours or otherwise punish an employee for asking for pump breaks or complaining that she didn’t get them. Warning signs include:
Depending on the violation, remedies can include lost wages, an equal amount in liquidated damages, reinstatement and, in some cases, compensatory and punitive damages. Read more about retaliation in the workplace.
Before suing over a missing private space, you may need to tell your employer about the problem and give it 10 days to fix it. No notice is required if you were fired for asking to pump, if you were denied break time, or if you file a complaint with the U.S. Department of Labor.
Yes, in most cases. The federal PUMP Act requires covered employers to give reasonable break time and a private place other than a bathroom to pump breast milk for up to one year after the child’s birth.
Pump breaks can be unpaid if you are completely relieved from duty. If you keep working while pumping, or your employer offers paid breaks that you use to pump, you must be paid. Salaried exempt employees cannot have their salary reduced.
No. Federal law says the space cannot be a bathroom, even a private one. It must be shielded from view and free from intrusion by coworkers and the public.
Yes, unless the employer has fewer than 50 employees and can prove that providing break time and space would cause undue hardship, meaning significant difficulty or expense.
No. Retaliating against an employee for asking for pump breaks or complaining about them is illegal, and the federal appeals court covering Texas has held that firing someone for lactation is sex discrimination.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review what happened, explain your rights under the PUMP Act and pregnancy discrimination laws, and help you decide your next step. If you lost your job, learn about workplace discrimination claims.
Feeding your baby is not a performance problem.
It is a right your employer has to respect.
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