Blog Post: Colorado Workplace Accommodations for Nursing Mothers

From informal polls (taken by me over coffee with friends who are also working moms) the only thing less glamorous than being a working mom is, perhaps, being a working nursing mom.

What does this statute mean to employers?

As an employer, if you take the time to work with a woman in this situation, you will gain the loyalty of an (usually exhausted, occasionally embarrassed) employee. Which begs the question: Do you have a policy? It has been almost a year since the law went into effect, yet most Colorado employers have yet to address this requirement. It’s awkward, at best, but a clear policy makes difficult situations easier to deal with.

So, what should your policy address? It should address whether the break time used will be paid or unpaid. It should address whether the time will be meal time, break time or both. Consider whether your employees are allowed to work while on this break time (because if they are allowed to work and they are non-exempt, then the break time must be paid under the FLSA). Employers must make "reasonable efforts" to provide a room, close to the work area, for the employee to express breast milk in private. That room may not be a toilet stall. Employers need not adopt a policy that creates an "undue hardship. Whether something is an undue hardship takes into account the size, financial resources and the nature of the business, and also takes into consideration special circumstances of public safety.

One employer with which I am familiar has a "pumping room." That room has a computer complete with Internet, a comfy chair and, most importantly, a lock. Employees (most exempt from the FLSA) may express in privacy and productivity.

Resources are available for employers and employees on the Department of Labor's website: http://www.coworkforce.com/LAB/nursingmothers.asp

lhazen@irelandstapleton.com or by phone at 303-623-2700.

This article is intended as a general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should consult an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.

Laura J. Hazen is a Director at Ireland Stapleton Pryor & Pascoe, P.C. In her employment practice, Hazen provides day-to-day advice and coaching to public and private companies on various employment matters. She also has an active litigation practice where she concentrates on representing business in all aspects of complex business and employment disputes. You can contact her by email at