Asked in Employment Law for Texas

Q: I live in Texas and my employer said I cannot pump milk on the job and I have to dry up is that legal?

I am a nursing mother outside of work and I just started working well when I said I needed to pump my employer asked if I was drying up because during the mornings it’s so busy and I won’t have time to pump and when I said no she stayed quiet is this grounds to fire me? I didn’t know this would be an issue and also I have to pump in the restroom

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Any employer who has at least fifty employees is required to provide reasonable breaks and a private place other than a restroom for a mother to pump milk for one year from the date of birth of the child.

Guidance suggests that "reasonable breaks" should be 2-3 breaks in an 8-hour shift for 15-20 mins each.

The employer is not required to compensate the mother during these breaks.

There are certain additional provisions for certain types of occupations and a general exception if doing so will cause the employer undue financial burden.

You may have additional protections under Texas state law if your employer is a public employer.

In general, in Texas, you can express milk in any place you otherwise have the right to be.

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