How new federal health laws fill the gaps in NC and support breastfeeding workers

With North Carolina’s absence of state protections for pregnancy, people like Rose Stanley now have (new) federal laws to balance her college education, job, and parenthood. Read how these regulations are helping not just her—and where there’s room for growth. 

Editor’s Note: Scroll down for a breakdown of the federal laws protecting your breastfeeding rights.

Within months of returning to school during her freshman year of college, Rose Stanley would often sit in her car before class or find a private study room where she could work while pumping milk for her 5-month-old daughter.

She’d choose the room in the back of the library, covering the tall windows with papers or a folder. With hands-free pumps, she could pull her shirt over and focus on her studies.

Rose Stanley and her children. (Credit: Rose Stanley)

It was a challenge. Like many first-time mothers, she was learning new things about her body. 

“When I’m not with them, I’m having to pump in order to keep up my supply during the day,” said the Wilson native. “So when they would be eating, I would be having to pump even though they’re not with me and I just have to save the milk. I would have to bring a cooler with me to keep it cold until I was able to get back home and put it in the fridge or feed it to them.”

She had it better than many working moms in North Carolina. Her professors accommodated her new schedule, and her work-study boss allowed her to work remotely. 

North Carolina is one of four states without protections against pregnancy discrimination, but the accommodations Stanley received were covered by federal laws like Title VII of the Civil Rights Act, 2022’s PUMP for Nursing Mothers Act, and—the Pregnant Workers Fairness Act, which went into effect in 2023. It had broad, bipartisan support and was signed into law by the Biden-Harris administration.

Stanley might not have known about those laws when they passed, but they made a big difference for her. 

Tina Sherman, senior campaign director for the maternal justice campaign at MomsRising, a social welfare organization, said the new laws are “groundbreaking.” She also said breastfeeding can be beneficial for both parent and baby. 

Doctors have recommended breastfeeding and nursing for up to two years, but it wasn’t feasible for many families because, until now, there weren’t federal protections for pumping at work.

“The laws are designed so that folks no longer have to choose between a healthy pregnancy and a paycheck,” Sherman said. four out of five nursing workers start out breastfeeding, but less than half continue postpartum

A Good First Step

These new laws are just a start though. 

Geonna Jordan, a birth doula and healthcare support professional for Maven Clinic, a national healthcare provider for women and families, said there is always room for improvement at both the federal and state levels, like more grant funding and protections.

As a breastfeeding educator in Charlotte, she said that with North Carolina specifically, state legislators should start with laws that protect from pregnancy discrimination as these protections can promote career advancement, financial stability, and psychological safety in the workplace. 

According to the CDC, on a national level, 83% of US infants start breastfeeding, only about half continue at 6 months, and just a quarter at 12 months. In North Carolina, those numbers are lower. These rates suggest that nursing workers, in part, may not be getting the support they need, such as from healthcare providers, family members, and employers.

Courtney Hall and her family taking family portraits (Credit: Courtney Hall)

When Courtney Hall, birth doula and founder of Bump.Baby.Bliss, a Greensboro-based doula studio, started working different jobs after birthing her three sons, she sometimes felt weird because her coworkers and bosses didn’t understand her pumping schedule. 

“Some jobs didn’t hear how many times you close your door,” Hall said. “Other jobs would say little things like, ‘Oh, you know, you’re pumping again?’ Everyone didn’t necessarily understand their frequency. I would feel anxious…like I felt like I needed to over explain myself. And sometimes that anxiousness would make my milk not flow as fast because I feel like I need to hurry up.”

That’s why after having her first child, Hall found support groups on social media to put her mind at ease. She said the groups were helpful to her because they provided a safe space to talk about lactation concerns with other new parents and resources for her. And when her other children came along, Hall became a part of the “birthing world” as a doula and was able to put her resources and training together to create B.B.B to support others on their birthing and breastfeeding journeys.

In honor of National Breastfeeding Month, the U.S. Department of Labor’s Wage and Hour Division is hosting a free webinar on Aug. 6 at 11 am to provide additional support and resources specifically for North Carolina residents like Stanley and Hall who are pregnant or lactating.

The Wage and Hour division also advised that employees needing breastfeeding accommodations should start the conversation early by discussing their needs with their supervisor. If supervisors have questions, they can visit www.dol.gov for details on regulations. If employees do not receive the support they need or face retaliation, they can contact the Hours and Wage Division confidentially at 866-487-9243 for assistance. The Division can help by educating employers or, if necessary, conducting an investigation.

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The Laws and What They Mean

The Pregnant Workers Fairness Act (PWFA): This law, which is the newest addition thanks to President Joe Biden in 2022, builds on protections for pregnant workers by requiring employers to provide reasonable accommodations like frequent breaks, a temporary change in duties, or a less physically demanding role.

It also covers a broad range of workers, including those in various industries like retail, healthcare, and education. The PWFA helps ensure that pregnant employees can stay healthy and continue working without facing unfair treatment or having to choose between their job and their health.

The Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP): The PUMP Act, signed into law by President Joe Biden in 2021, represents a major step forward in supporting breastfeeding mothers in the workplace. This legislation expands protections by requiring employers to provide reasonable break time and a private, non-bathroom space for employees in order to pump milk. Originally, only companies with 50 or more employees were mandated to comply, but now the PUMP Act extends these benefits to smaller businesses as well.

The types of employees who are covered now include agricultural workers, teachers, taxi and truck drivers, nurses, managers, and home care workers. The push for the PUMP Act was driven by advocacy from breastfeeding support groups and mothers who faced inadequate facilities and support at work. 

The Fair Labor Standards Act (FLSA): The FLSA is a cornerstone of U.S. labor law aimed at guaranteeing fair wages and working conditions. Enacted in 1938, the FLSA sets the rules for things such as minimum wage, overtime pay, and child labor to make sure workers get fair treatment. It also provides standards for both full- and part-time employees in the private sector and government jobs. 

An important part of the FLSA is that it protects the rights of breastfeeding employees. It requires employers to give them reasonable break time and a private space (not a bathroom) to pump breast milk during work hours. This protection lasts for up to a year after giving birth.  While the FLSA sets the general framework, the PUMP Act expands these protections to cover more workers and smaller businesses.

Pregnancy Discrimination Act (PDA): The PDA is an amendment to Title VII of the Civil Rights Act of 1964, and it makes it illegal for employers to discriminate based on pregnancy. It covers current, past, or potential pregnancies, contraceptives, decisions about having or not having an abortion, and medical conditions related to pregnancy and childbirth, including breastfeeding. Essentially, it ensures that pregnant employees are treated the same as any other employees with medical conditions.

Family and Medical Leave Act (FMLA): This law allows employees to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons within a 12-month period. This includes leave for the birth of a child, caring for a newborn for up to one year, adopting or fostering a child within one year of placement, and caring for a child with a serious health condition. It helps ensure that employees can take the time they need without worrying about losing their job.