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When it comes to supporting breast feeding parents in the workplace, every state handles it a little differently. While federal laws like the PUMP Act establish a baseline for lactation accommodations, individual states often go further—adding their own rules, policies, and enforcement measures. Some states, like California and New York, have comprehensive regulations that require dedicated lactation spaces with specific amenities. Others, like Florida and Ohio, rely more heavily on federal guidance, with local programs offering voluntary support. In this blog post, we break down the lactation room requirements in five key states—New York, California, Florida, Ohio, and Texas—so employers can better understand their responsibilities and create inclusive, compliant workplaces.
1.New York Lactation Room Requirements: What Employers Need to Know
New York State Labor Law Section 206-cmandates that employers provide reasonable unpaid break time—or allow employees to use paid break time or meal time—to express breast milk for up to three years following childbirth. Employers must also provide a private room or a location, other than a restroom, that is near the employee’s work area and shielded from view. This space must have a chair, a flat surface, and an electrical outlet, and ideally be close to a sink and refrigerator.
In 2023, the law was updated to mandate a written lactation room policy and a process for employees to request accommodations. For employers in NYC, Local Law 185 requires workplaces with 15or more employees to have a dedicated lactation room and refrigerator for storing breast milk. If providing a permanent room is not feasible, the employer must provide a multi-purpose room that can be temporarily converted into a lactation space, with priority given to lactation use.
For more information, refer to the New York State Department of Labor's resources:
● Breast Milk Expression in the Workplace
● Policy on the Rights of Employees to Express Breast Milk
2.California Lactation Room Requirements: Leading the Way in Workplace Rights
California Labor Code Sections 1030–1033require employers to provide a reasonable amount of break time and a private space for employees to express breast milk. This space cannot be a bathroom andmust be shielded from view, free from intrusion, close to the employee’s work area, equipped with a chair, a table or flat surface, and electricity, and located near a sink with running water and a refrigerator or cooling device.
Employers must implement a lactation accommodation policy and include it in the employee handbook. Small businesses with fewer than 50 employees can apply for an exemption if the requirements cause undue hardship, but they must make reasonable efforts to provide a space that meets as many standards as possible.
For more details, please see the following:
● Lactation Accommodation - California Department of Industrial Relations
● Lactation Accommodation Laws - California Department of Public Health
3.Florida Lactation Room Requirements: Where the Gaps Still Exist
Florida does not currently have a state-specific law requiring employers to provide lactation accommodations. However, employers are subject to federal laws, particularly the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, which expands on the Fair Labor Standards Act (FLSA). Under the PUMP Act, covered employers must provide a private, non-bathroom space for nursing mothers to express milk and reasonable break time each time the employee needs to express milk for one yearafter the child’s birth.
There is no requirement under Florida law to provide a refrigerator, sink, or written lactation policy, but doing so can greatly enhance employee satisfaction and retention. Some Florida employers voluntarily follow more rigorous standards to stay competitive and inclusive.
While there are no state-specific laws governing lactation space in Florida, you can read more about Florida’s take on breastfeeding here:
● Florida Department of Health – Breastfeeding
4.Ohio Lactation Room Requirements: Federal Guidance with Local Encouragement
Ohio does not have a standalone state law mandating lactation accommodations, but many employers follow federal guidelines laid out in the PUMP Act and the FLSA. These require a private space(not a bathroom) for expressing breast milk and break time each time it's needed for up to one year postpartum.
The Ohio Department of Health encourages employers to become “Breastfeeding Friendly Worksites” and offers resources and recognition for employers that go above the legal minimum. This includes providing a refrigerator and sink, creating a formal lactation accommodation policy, and offering flexible scheduling to accommodate nursing parents.
For more information, refer to:
● Worksites – Ohio Department of Health
● Lactation Accommodation Solutions – Ohio Department of Health (PDF)
5.Texas Lactation Room Requirements: Federal Standards with State Support
Texas does not have a state law that requires lactation accommodations in the workplace for private employers, but employers are subject to the federal PUMP Act and FLSA provisions. However, Texas state agencies must follow more specific guidelines. Since 2015, Texas Government Code Chapter 619 requires all public employers, including state agencies and public universities, to provide a clean, private space, other thana restroom, for lactating employees to pump, and break time to do so.
Private employers are not legally required by the state to provide lactation rooms, but they must comply with federal law. Many Texas businesses choose to exceed these requirements by designating dedicated lactation rooms, adding amenities like mini fridges and soft seating, and offering flexible work hours.
The Texas Mother-Friendly Worksite Program provides guidance and certification to encourage best practices. Employers that join the program demonstrate their commitment to family-friendly work environments.
To learn more about the Texas guideline son lactation space, visit:
● Texas DSHS
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