Breastfeeding mothers deserve more robust legal protections in the workplace. The challenges faced by these women when returning to work after maternity leave is a significant national concern. A recent study revealed that out of the 151 largest cities in the United States, only two—New York City and Philadelphia—have enacted laws to safeguard the rights of breastfeeding moms.
The American Academy of Pediatrics advocates for six months of exclusive breastfeeding for nursing mothers, yet only about 22% manage to meet this goal. The findings of this study may explain this discrepancy. While federal law under the Fair Labor Standards Act mandates that employers provide “reasonable break time” and a private space (not a restroom) for milk expression, this is insufficient. These protections apply only to hourly workers in companies with 50 or more employees and a minimum annual income of $50,000, leaving salaried employees without coverage.
Diane Spatz, a professor of nursing and nutrition at the University of Pennsylvania, and her team conducted research examining breastfeeding protections across the U.S. They found it challenging to gather information about local laws. “When we asked if there were any protections for breastfeeding moms returning to work, we often heard ‘no,’” said Sarah, a member of the research group. After a year of investigation, it became clear that only New York City and Philadelphia had any form of legal support for nursing mothers.
This issue affects a substantial portion of the workforce—56% of whom are women. Current federal regulations are minimal and restrictive. “In the U.S., if a mother wishes to continue breastfeeding while working, the responsibility rests solely on her,” Spatz noted. This makes it not only a public health concern but also a social justice issue.
Reflecting on her own experience, one mother recalled returning to her previous job at a high-profile marketing firm. She was provided with a filthy bathroom stall as the only option to pump milk—a space that was also used by male coworkers, leading to discomfort and harassment. Despite support from some colleagues, she faced negativity from others who disapproved of her pumping. Shortly after her return, she was laid off, which she suspects was influenced by her situation. In Pittsburgh, where she worked, protections for breastfeeding mothers were nonexistent, and the company completely disregarded the federal guidelines.
The researchers advocate for city-level legislation that would protect all working women, regardless of their job type, hours worked, or company size. Proposed laws would aim to provide more than just the bare minimum, enabling more mothers to meet their breastfeeding goals and feel supported in their workplaces. “Strengthening city laws can create a ripple effect, encouraging state-level action, which could ultimately lead to a comprehensive federal law,” Sarah added. This grassroots movement could lead to significant changes.
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In summary, only two cities in the U.S. provide legal protections for breastfeeding mothers in the workplace, highlighting a significant gap in support for nursing women as they transition back to their jobs. Strengthening local legislation is crucial to creating a more supportive environment for working mothers.