Lactation spaces go by different names — wellness room, vacant office, storage room. No matter what you call it, there are strict regulations about what the room contains and where the room must be located. Some of the requirements may surprise you. 

PUMP Act Requirements 

In short, the PUMP Act states that employees “are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.” 

However, last year a U.S. Department of Labor (DOL) memo provided more specifics. DOL guidance states that employees must be provided a place to sit, and a flat surface (other than the floor) on which to place the pump. The guidance does not say a refrigerator is required, but rather the employee must be able to safely store milk while at work, such as in an insulated food container, personal cooler, or refrigerator. Access to electricity is “ideal.” And the guidance states that access to a sink near the lactation “improves the functionality of the space.” 

The DOL guidance says that some employers may choose to use a room with a door that closes and covered windows. But an employer can also create a space using partitions, as long as the space is shielded from view and free from intrusion. 

But There’s More

Many employers forget that their lactation space must not only comply with the PUMP Act, but also the Pregnant Worker’s Fairness Act (PWFA) regulations. The PWFA regulations turn many of the amenities that were not mandatory into amenities that an employer may be required to provide if an employee makes a request and adding the amenity does not create an undue hardship for the employer. 

The PWFA regulations state: “Accommodations related to pumping, such as, but not limited to, ensuring that the area for lactation is in reasonable proximity to the employee’s usual work area; that it is a place other than a bathroom; that it is shielded from view and free from intrusion; that it is regularly cleaned; that it has electricity, appropriate seating, and a surface sufficient to place a breast pump; and that it is in reasonable proximity to a sink, running water, and a refrigerator for storing milk.” Therefore, if an employee asks for something for the PUMP room, consider whether it qualifies as a reasonable accommodation request under the PWFA that you are required to provide. 

Lactation spaces are no longer a “bonus room” or a “benefit,” they are a legal requirement. And not providing a room that is compliant with federal law may make you vulnerable to a collective action lawsuit. So do your research and ensure lactation spaces cover your legal basis.