Workplace Breastfeeding Rights

Do I have the right to express milk at work? Yes. The Law Against Discrimination (LAD) requires employers to accommodate breastfeeding employees who wish to pump milk at work by providing “reasonable” break time each day, and a suitable room or other location with privacy, other than a toilet stall, in close
proximity to the work area.

Which employers are covered? The LAD applies to all employers in New Jersey, including private or state and local government employers, employment agencies and labor unions. There is a narrow exemption for employers who can show that providing the break time would be an undue hardship.

Must this break be paid? Break time to pump need not be paid. However, if the employer already provides paid break time and if the employee chooses to use that break time to express milk, then that break time must be paid. Employers are encouraged to provide flexible scheduling if an employee chooses to make up for unpaid break time.

How do I report it if I believe my rights to take breaks to express milk have been violated? An employee may file a complaint with the New Jersey Division on Civil Rights (DCR) or in the Law Division of the Superior Court of New Jersey.

Read the full NJ Workplace Breastfeeding Rights Explainer, or visit the NJ Breastfeeding Coalition's website to learn more.