Any woman who returns to work after a pregnancy understands how challenging it can be. For mothers who choose to breastfeed, returning to work presents an additional layer of complexity. Figuring out how, when and where to express breast milk requires the cooperation of the employer, who all too often does not understand its legal obligations to assist the mother returning to work and provide reasonable accommodations to breastfeed or express milk during work hours. Understanding your rights respecting laws to support lactating women while at work can be instrumental to continued breastfeeding success following the return to work.
In 2018, New Jersey became the 28th state to enact protections for breastfeeding mothers in the workplace. Former Governor Chris Christie signed into law protections for breastfeeding employees who wish to express milk at work. Effective January 8, 2018, the law provides protections and accommodations for employees who breastfeed and wish to pump in the workplace. The New Jersey Law Against Discrimination now specifically includes “breastfeeding” as a protected class which makes it unlawful to discriminate against an employee on the basis of her breastfeeding status. The law also prohibits employers from retaliating against employees who they know or should know breastfeeds or who needs to express milk at work for their newborn child.