Lactating while Litigating: Yes, Working Mothers Can Pump At Work!

Breastpump bag, briefcase, and law rulebooks--necessary equipment to pump at work
Breastpump bag, briefcase, and rulebooks–everything a working lawyer mom needs to take care of business.

Few things seem to be as controversial as breastfeeding a baby. Breast is best, fed is best, cover up, don’t cover up, pump wherever you want, be discreet while pumping…the list goes on and on. The thing is, nursing or pumping is a completely personal choice—just like choosing to work outside the home or not after having your baby. I breastfed all four of my babies, even after returning from maternity leave to full-time litigation practice. As a result, I have pumped in weirder places than I ever wanted to see in my lifetime and had my share of super awkward conversations. Working mothers who breastfeed have to pump at work, and since I was litigating while lactating, I ended up pumping in some strange circumstances.

Pumping at work: Know your legal protections

The Fair Labor Standards Act (FLSA) requires employers who employ more than 50 employees (and some who employ fewer than 50) to provide basic accommodations for full-time breastfeeding mothers at work. A subtle way to know if you are entitled to federal breastfeeding mother protections is if your employer has posted the required FLSA notice about the federal minimum wage. This notice also has information about the Break Time for Nursing Mothers law on it. You should be covered if you are a full-time employee and they posted the notice. Checking with your HR department is the easiest way to find out if you are covered by the FLSA.

You deserve more than a bathroom

Under the FLSA, employers have to include time for nursing mothers to express their milk and a private space that is not a bathroom each time they need to pump. The employer does not have to pay the employee for needing this time, but they must allow the breaks. The federal government set this as a basic minimum. Each state may make more stringent requirements which go beyond the federal government’s minimum.

Restroom door--You deserve more than a bathroom as a place to pump at work
You deserve more than a bathroom

For what should be an obvious reason, but many male supervisors and business-owners may not understand, a bathroom isn’t sufficient. It’s not sufficient because the federal government says it isn’t. It’s also insufficient because nobody else prepares food for their child in the same place people are using the toilet. The space needs to be clean and private, and it can be as simple as a curtain with a sign outside.

Most states have regulations providing for nursing mothers to pump at work. You should be able to Google “Nursing mother regulations in [your state]” and find some kind of .gov website that will tell you what your state does for nursing mothers.

Texas regulations for pumping at work

Texas has regulations that require public-sector employees to receive unlimited time to express breast milk at their workplace. In addition, Texas Health & Safety Code, Sec. 165.002 states that a mother is entitled to breast-feed her baby or pump breast milk in any location in which the mother is authorized to be. Including if you want to pump at work. This means that if you want to, you must be allowed to pump uncovered wherever you are allowed to be under normal circumstances. For further clarification, this means if you are normally allowed to be in your own office, you must be allowed to pump covered or uncovered in your own office. If you sit in a cubicle, you must be allowed to pump in your cubicle if you wish. This can be modified for safety reasons–you can’t hook up a breastpump near working machinery.

Although it is not entirely a legal protection, some unions have provisions for nursing mothers who need to pump at work. It is always good to check with your union representative if you have any questions for what applies to you or not.

My Normal Pumping Schedule

I work mostly from an office, but I also travel sometimes. I will address pumping while traveling on business below, but my normal schedule to pump at work was fairly straightforward.

Clock on a desk with notebook--Working around your pumping schedule allows you to pump at work successfully
Knowing your pumping schedule is so important to know how to plan to get your work done and take care of your baby all in the same day.

When I returned to work at five or six weeks postpartum, I’d usually have my baby on an every 3-hour nursing schedule. I would nurse the baby just before leaving for work around 8. I’d pump for half an hour at 11 and use my lunch break to run the fresh milk to my house 10 minutes away. I’d eat at my desk while working, then pump again around 2:30 or 3:00 for half an hour. By the time I got home at 6, I’d be ready to feed the baby again.

Because I brought the milk home every day, my baby drank milk out of the refrigerator less than 12 hours after it had been expressed for most days of the week. I’d build up my freezer stash while on maternity leave, and we’d freeze the Friday afternoon milk and pull a frozen milk out on Monday for the morning feed. This way, I never ran out of milk and had plenty on hand for when I traveled overnight. I stored my milk in 3-4 oz amounts because my babies all ate about 3-4 oz in a session. The nanny could always pull out a second portion if the baby was exceptionally hungry one day. (see my post here about choosing a great nanny or childcare provider!) What I could pump at work was rotated well using this system, so I never had any milk expire.

Privacy Issues

I had my first two children while I worked in an office where I had solid walls and a door that locked. I’d close and lock my door, and tell my secretary I was closing my door. This was code for “don’t forward calls that aren’t emergencies,” and she would do a good job of intercepting any calls that came in for me during those times.

My boss never even knocked on my door–much less opened it–if it was closed, so I never worried about any awkwardness. But I locked the door just in case. I’d hook up my pump and type one-handed while I used the other hand to massage the breast I was pumping to get the maximum amount of milk out possible. My milk ducts under my armpits liked to hold onto milk, so massaging that area while pumping would get me a good ounce more milk than I’d get otherwise.

Glass fishbowl office…now what?

I changed jobs when my second baby was about 7 months old, and I was still nursing her. I strolled in to my new office suddenly aware of the glass fishbowl walls every office had. Every. Office. Every office in the business had a glass wall open to the rest of the office. Everyone could see the beautiful views out the windows. Everyone could also see everyone else inside their offices if they chose. I could not discreetly pump while I continued to type on my desktop computer unless I wanted to do it in the open for the benefit of my coworkers and clients. I am not that brave.

Door with lock--a locking door is a basic provision most businesses can provide to allow women to pump at work.
You have a right to pump at work wherever you feel most comfortable

The building prohibited curtains citing some kind of fire hazard. My employer was completely willing to work with me to do whatever I wanted to my own office to be able to have privacy. I could get a folding blind that I could set up and take down, tape up paper on my glass wall and take it down each time, or whatever else I wanted to do. I honestly didn’t feel like dealing with the hassle twice a day.

Somehow, for me, the bathroom was the perfect place to pump

One of the benefits of working in a male-dominated industry is that I get the women’s restroom pretty much to myself. Our restroom had a bench near a counter and a nearby outlet. It was perfect, and there were only two other women who worked on my floor. I had to walk by both women to get to the restroom. I would just shout that I was going to my other office. They knew what time I’d be going, and they’d both just wait half an hour until I came out if a need arose. And I was very comfortable sitting in there reading emails on my phone and responding one-handed while pumping.

After our fourth child, my husband and I moved to a satellite office. It was just the two of us, so I’d pump uncovered with my door open. The only other person who might see it was my husband—and it wouldn’t be uncomfortable for either of us.

Your situation may be different from all of the above, but you can find a place and a way to be comfortable enough to pump at work!

Pumping while traveling

I’ve pumped in supply closets, restrooms, airport waiting areas, strangers’ offices, the driver’s seat of my car, the back seat of someone else’s car, physician clients’ exam rooms, and many other bizarre situations. I’ve rested my breast pump on stacks of papers, other peoples’ desks, my own lap, car consoles, copy machines, and whatever else I had to to get it done. When a working mom travels while nursing, just like with everything else we do as mothers, she just does what it takes to get the job done.

Traveling for work requires some extra equipment to be able to pump, but it’s entirely feasible. I’d travel with a collapsible little cooler and an ice pack. Like one of these coolers. I would keep the cooler folded in my pump bag. For most day trips, I was able to keep it in there even after putting a bag or two of milk in it. It was awkward enough walking into my destination with a purse, a briefcase, and a pumping bag. I didn’t also want to come in like a crazy bag lady with a cooler banging against the rest of it unless absolutely necessary.

Get a car adapter for your pump

Most people recommend having both an electric pump and a manual pump. I wholeheartedly agree. I also recommend having an adaptor that allows you to plug your pump into a car’s lighter jack. Many newer cars have actual plugs in the rear center console, but many rental cars do not have that particular amenity. When you’re in a location that does not have ready access to electricity, the manual pump is a godsend. When you have a car and an adaptor, it makes anything possible–even pumping while you work.

Breastpump setup in car with plug adapter plugged into car--not all work takes place in an office, so pumping at work happens wherever the mother is.
Get a car adapter for your pump

I have pumped while driving all across Texas. I set everything up before leaving, hooking up hoses and flanges and all the things. At 11 or 2:30, I’d adjust my shirt as needed, hook my pump on and let ‘er rip as I drove down the road. They’re not beautiful, but hands-free pumping bras are helpful for pumping while driving. They free up a hand to massage out that weird armpit milk while keeping a hand on the wheel for safety.

When Circumstances Don’t Allow for Your Normal Pumping Schedule

Sometimes, work creates circumstances that prevent a normal pumping session at your normal time. I’d often find myself in a deposition that should have taken two, maybe three hours…except we’d get well into hour four and my breasts were about to explode. Sometimes, I was stuck in a courtroom waiting for my case to be called for hearing for hours. Sometimes, the flight would be super turbulent, and I had to stow my pump six rows away. Circumstances aren’t always in our control at work. Sometimes, again, we just have to do what it takes to get it done.

If I thought there was a chance a deposition or hearing would overlap into my normal pumping times, I’d use a sort of power-pumping schedule. I’d pump at normal feeding time before it started. Then I’d pump for 10 or 15 minutes right before getting out of my car to go into my destination. As soon as I had access to my pump again, I’d pump until I was empty. Then I’d pump again at the normal time. This kept my supply fairly stable and also bought me some time before engorgement started distracting me from my task.

I attended many, many proceedings with my breastpump bag clanking against me as I walked into the courtroom. A few times, I had overnight trips for hearings and such. For those occasions, I would have to stroll into the courtroom with all my bags banging against each other. It was what it was. I had a baby, and I had a job to do. I took care of both.

Conversation Prep regarding pumping at work

It is a common misconception that lawyers are always ready with arguments for anything. I don’t like to think on my feet. I prefer planning and preparation to bring a successful argument. This also goes for conversations about breastfeeding, pumping, and all things motherhood-related in the work context. Of course, no one can be prepared for everything. But some pumping conversations were likely to come up over and over.

The most obvious is discussing pumping needs with the boss or HR. It is important to have this discussion. As mentioned above, we have the right to pump in a clean, private space at work without repercussion. Know what rights are available to you in your state. If you don’t have a space readily available to you, go ahead and ask for it. Discuss what you are comfortable with. Try to be thoughtful about how you could make this work best for everybody. At the end of the day, you need to express your milk to make enough milk to feed your baby. And you need time and a place to do that.

Asking for a place to pump away from your workplace

I often found it easier to speak to other mothers about my pumping needs. Men or women who did not have children did not usually “just know” what type of space I needed. If I found a woman with pictures of children on her desk, I could just ask, “Is there someplace I could pump for 20 minutes?” It usually worked without any further explanation.

Sometimes, though, I’d need to ask someone who might be a little less understanding. My go-to request when out of my office was “I’m still nursing my baby. Is there a private space with an outlet where I can go pump for 20 minutes?” Just put it out there. Trying to beat around the bush or speak in metaphors just leads to confusion and awkwardness. Be succinct and precise with what you need. You’ll find something that lets you get the job done.

Maintain your professional demeanor, even when discussing your breasts

Awkward conversations are a real possibility when breasts are any part of a workplace discussion. Surprisingly, despite what I just said above, I found my most uncomfortable conversations were with women. Women who had had children, women who had not had children, didn’t matter. We can’t only expect ignorance from individuals who have never experienced the need to express milk. Over time, I got better at responding professionally. At first, I was often so shocked by the ugly nature of their comments, that I would respond with a mumbled response about “I’ll just be right back,” and run out of the room with my face absolutely on fire and shaking from embarrassment. I am not proud of this response. But it was what I had at that time, full of hormones and running on interrupted sleep.

Eventually, I was able to see the accomplishment that is motherhood and providing milk for my baby while practicing law as its own kind of success. Those people who did not support me nursing while practicing weren’t worth worrying about. I could choose to see the naysayers as simply ignorant of what I was doing and why, and choose to ignore their attitudes and do what was right for my baby. This mindset allowed me to respond in a much more professional manner to whatever garbage they dished out.

Proactively raise the issue

Instead of trying to mumble my way through a situation after it arose, I’d start out a deposition by announcing very professionally and matter-of-factly (before the record started) that I was still nursing and would need a 20-minute break at a designated time to pump. If we wanted to build that into a lunch-break, that was fine, I’ll eat when I get a minute. I seldom had push-back from that approach. I once even got a high-five from a partner from another firm who told me he had learned of an associate pumping in a port-a-potty because she was too nervous to say anything.

Ladies. We have to feed our babies. This is not some inappropriate thing we’re doing, so go ahead and be proud of yourself for it. You need to feed your baby tomorrow, so you have to pump today. That’s just how it works. Go ahead and make your needs known to the group with professionalism and confidence, and they’ll deal with it. Also, that group mentality will usually work in your favor because nobody wants to be the one guy who disagrees with allowing a nursing mother 20 minutes to pump. I only got negative comments from one individual at a time, never from a group.

In the car, in a restroom, in a comfortable office, wherever you have to pump, your baby and your ability to continue to nurse your baby is worth it! You can pump at work, even if work takes you out of work! Please share any other suggestions you have in the comments below!