Break Time and Space
Massachusetts law requires employers to provide reasonable accommodations for lactation or the need to express breast milk for a nursing child, including more frequent or longer paid or unpaid breaks and private non-bathroom space for expressing breast milk. An employer is excused from providing an accommodation if it can demonstrate that the accommodation would impose undue hardship. Mass. Gen. Laws ch. 151B, §4. This statute applies to employers with six or more employees. Mass. Gen. Laws ch. 151b, § 1(5).
Most employees in Massachusetts also have a right to break time and space for pumping milk under national laws called the Break Time for Nursing Mothers Law and the Pregnancy Discrimination Act.
Reasonable Accommodation
Reasonable accommodations are changes at work for breastfeeding or lactation, like changing hours or location of work, a temporary job transfer, permission to pump milk at the employee’s work area or desk, and other similar changes.
A Massachusetts statute requires employers to provide reasonable accommodations for lactation or the need to express breast milk for a nursing child, unless the employer demonstrates that the accommodation would impose undue hardship. Reasonable accommodations may include, but are not limited to, more frequent or longer breaks, temporary transfer to a less strenuous or hazardous position, job restructuring, light duty, and private non-bathroom space for expressing breast milk. Mass. Gen. Laws ch. 151B, §4.. This statute applies to employers with six or more employees. Mass. Gen. Laws ch. 151b, § 1(5).
Employees in Massachusetts may also have a right to accommodations under national laws called the Break Time for Nursing Mothers Law and the Pregnancy Discrimination Act.
Anti-Discrimination
Breastfeeding/lactation discrimination happens when an employer treats an employee worse because they are breastfeeding/lactating. This can include termination, harassment, or other negative employment actions.
A Massachusetts statute prohibits discrimination on the basis of sex, including lactation or the need to express breast milk. Mass. Gen. Laws ch. 151B, §4. This statute applies to employers with six or more employees. Mass. Gen. Laws ch. 151b, § 1(5).
Employees in Massachusetts may also be protected from discrimination and retaliation under national laws called the Break Time for Nursing Mothers Law and the Pregnancy Discrimination Act.
Should you need assistance in receiving a reasonable accommodation at your Massachusetts workplace, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE confidential consultation.