Many women opt to breastfeed after they give birth, but they may also be concerned about returning to work. For women who work in Virginia, federal and state laws give them specific rights that should make it easier for them to express breastmilk once they return to work.
The Code of Virginia § 2.2-3905, which is known as The Virginia Pregnant Workers Fairness Act, establishes the guidelines for what accommodations employers must provide when a worker is breastfeeding. These guidelines apply to employers who have at least five employees for at least a 20-week period during the present or past year.
Reasonable accommodations
Employers have to provide reasonable accommodations that allow breastfeeding employees to express breastmilk. This includes providing them with a clean and private area to pump. This area can’t be in the bathroom, and it must be free from intrusions while she’s pumping.
The employee must have more frequent breaks, as long as they’re reasonable, to pump. Typically, these breaks will be the most frequent when the baby is younger and the woman’s milk supply is still being established. As the baby grows older, the frequency of pumping should decrease.
Retaliation is forbidden
Requesting accommodations for breastfeeding can’t lead to retaliation. This means that employers can’t take adverse employment actions, such as termination or pay reductions, because they state they need these accommodations.
Any woman who’s pregnant or breastfeeding should learn about their employment rights. If an employer violates those rights, the employee may opt to take legal action. Working with someone who’s familiar with these matters may be beneficial since these matters can become complex.