The New Jersey Law Against Discrimination requires employers to provide reasonable accommodations to breastfeeding and lactating employees which include, at a minimum:

• Reasonable break time to express milk.
• A private place to express milk (pump) other than a bathroom stall, that is close to the employee’s work area.

The employer must trespond to requests for accommodations without delay. Under the LAD, employers must also grant other reasonable breastfeeding-related accommodations to enable the worker to express milk if the worker asks for them unless they would cause an undue hardship. For example, an employee may need changes to their work uniform or amore schedule. 

According to the New Jersey Division on Civil Rights, reaasonable break time may vary based on the worker's and their child's needs. Employees may need to express milk as often as they would nfeed their baby at home. 

The length of the pumping breaks may also vary depending depending on the employee's and workplace circumstances. While pumping sessions may typically last 15-20 minutes, some employees may need more time depending on their pump or other factors. IThe employee also will need time to assembly and take apart and wash pump parts, store the milk and travel to and from the pumping location. 

The LAD requires a place with privacy to express milk that is nearby the employee's work location. The space does not need to be designated only for pumping, but it should be available when the employee needs it.  The space should be clean, well ventilated and should include, at a mininum: 

• A seat or suitable place to sit
• Flat surface on which to place a pump
• An electrical outlet 
• A nearby sink or other source of running water
• A close-by refrigerator or cooler to store the expressed milk.

Employers with limited space should think creatively to provide an appropriate private space for expressing milk. 

The LAD does not include a time or child age limit on the pumping accommodation. The child getting human milk (can pump for > 1 year). 

The LAD prohibits employers from punishing, threatening  or retaliating against employees who seek accommodations.  The law also forbids an employer from creating a hostile work environment for the employee who asks for an accommodation.

No.  Under the LAD, an employer is not allowed to ask you for proof that you need a lactation accommodation. 

If you have tried to resolve the issue with your employer without success and feel your rights may have been violated, you can file a complaint with the New Jersey Division on Civil Rights (DCR) which will investigate your claim. If the DCR finds that your claim is valid, it can order remedies including money damages,  job changes or reinstatement. It can also order other relief to prevent discrimination or harassment from happening again. Find more information on the DCR website.

Alternatively, you can file a complaint in the Law Division of the New Jersey Superior Court. If the court finds the LAD was violated, it can also order the above remedies and punitive damages. 

Continue preparing to get off to a good start. 

Speak with your supervisor or human resources representative about your return-to-work needs.  Be sure to prepare to discuss the following:

• Your desire to continue providing human milk for baby
• Available options for a gradual return to work,  such as temporary part-time work, working from home some days of the week, returning work on a day near the end of the usual work week (Wednesday, Thursday or Friday)
• Private space to pump
• Break time for pumping during the work shift, as required by law
• New Jersey workplace lactation rights according to the law 

Begin looking into possible childcare options for your baby.  Use this how-to guide to help familiarize yourself with more information and resources and visit our Childcare section below for more information.

• If you have not yet used a breast pump, this is time to familiarize yourself with it. With practice and experience, pumping can take about 15-20 minutes, but sometimes longer.  More detailed information on pumping at work is given below.  For more information on obtaining a breast pump through insurance, how to choose a pump, and pumping tips, please visit our When you Need to Pump section.

• Familiarize yourself with the process of storing human milk at home.  Be sure to use breast milk storage bags or containers made of glass or plastic and have tight fitting lids.  These CDC Human Milk Storage Guidelines in English and Spanish  are available to download to keep with you on the go.

• If desired, you can ask your health care provider to sign a letter advising the continuation of breastfeeding upon returning to work. While not required by state or federal law to obtain pumping breaks, letters from physicians can help validate the importance of breastfeeding to an employer and urge them to follow to the legal requirements outlined above.

• Speak to your partner about how they can support your return to work. Ask for extra emotional support and additional help with household and baby care responsibilities. Some help ideas include preparing your pumping supplies for the next day, bathing the baby, buying groceries and helping prepare meals for the week.

Use this how-to guide to help prepare  yourself on breastfeeding and child care. The Childcare section below  contains more helpful information.

• Keep track of how often your baby eats during the day for a few days before going back to work or school. This will give you a good idea about when you will need to plan to pump your breastmilk while you are away from your baby.  If your place of employment does not have a designated lactation room, think about some possible pumping spots.  
• Practice using your pump and storing milk.  It may even help to practice pumping while standing or in a small space.
• Consider starting baby early in childcare to ease the transition.

• Ensure your pumping bag contains the following necessary items: breast pump, pump parts (flange, tubing), bottles, human milk storage bags, insulated cooler (if access to a refrigerator is unavailable) with cold packs, and hand sanitizer.

• Reliable pump that you have practiced with at home
• Pumping bra (if you are unable to purchase one, consider cutting holes in a sports bra so the flange stays fitted to your breast)
• Private place to pump
• Place to store your milk (refrigerator, insulated carrier with cold packs, etc.)
• Labels and a marker to identify your pumped milk

8:00am – Breastfeed at home before leaving work

9:00am – Arrive at work

11:00pm – Use part of lunch break to pump

1:00pm – Afternoon pumping break

4:00pm – Late afternoon pumping break

5:30pm – Breastfeed baby at sitters or immediately after returning home

Carefully cleaning breast pump parts after every use is important to prevent germs from contaminating the milk you feed your baby. Access to a clean sink or basin and washing with soap and hot water is essential.  Use this CDC guide in English  and Spanish  for more detailed information.

Sometimes cleaning breast pump parts at work may require creative solutions depending on your workplace.  Here are some ways that you might handle these challenges:

• Bring multiple breast pump kits to your workplace so you can use a clean kit for each pumping session. Take used parts home after work and wash them all at once.
• If you have access to a microwave, rinse parts and then use steam bags made for cleaning breast pump parts. Some pump parts should not be steamed in the microwave, so be sure to check the manufacturer's instructions.
• Learn how to hand express directly into milk collection containers.

• Creating a healthier workforce – breastfeeding leads to healthier babies and parents, reducing the number of sick days taken and increases productivity
• Employee retention – companies experience less employee turnover and higher employee morale because mothers are more likely to return to work when they know they can continue to breastfeed
• Improved employer productivity – when given the support they need, breastfeeding employees do not need to worry about finding time or space to pump, which leads to better focus on the job.
• Legal compliance – New Jersey has laws that require employers to provide accommodations for breastfeeding, such as time and private space for pumping.  Supporting breastfeeding ensures employers are compliant with these regulations and avoid legal issues.

• Reach out to the New Jersey Breastfeeding Coalition for guidance and resources.  Breastfeeding coalitions can often support companies with implementing a lactation program or creating a lactation room. 
• Place a “Breastfeeding is Welcome Here Sign” in a common space can help normalize the idea so breastfeeding parents do not feel embarrassed or fearful of losing their jobs.
• Check with your company’s primary insurance carrier to explore policies and benefits for breastfeeding employees. Insurance companies may cover breastfeeding resources and services such as consultations from a lactation consultant, breast pumps, a home visiting nurse during the early postpartum period, and breastfeeding supplies.
• Allocate space for a lactation room.  The amount of space needed for a lactation room is minimal. It does not require a full-sized office but does need to accommodate a chair, a small table or shelf for a breast pump and have the ability to be locked. It can be a room or space used for other work functions, like an office, conference room or storage area.  
• Allow break times to pump.  Most mothers will need to pump as often as the baby normally feeds, or at least every 3 hours, especially when their babies are under 6 months of age. The pumping frequency needs may change as the baby’s feeding pattern changes or when the baby starts to eat solid foods.

For more information on parents’ rights to breastfeed in the workplace, please click here.