Our office remains open to serve your important legal needs during these turbulent and challenging times. We are happy to schedule client consultations and client meetings by telephone or video-conference at your request.
Bryan E. Kuhn
Counselor at Law, P.C.
Business & Employment Law Attorney

Breastfeeding mothers have certain rights when returning to work

Many new mothers in Colorado choose to breastfeed their new baby. If it’s possible to do it, breastfeeding is often an ideal solution for both mother and child.

A breastfed baby may have a more robust immune system than bottle-fed infants. A nursing mother can also potentially get rid of some of that baby weight more quickly than she otherwise would. Both mother and child benefit from the bonding involved in a breastfeeding relationship.

Most new mothers have to go back to work while their child is still very young and dependent on them for nutrition. The good news is that Colorado law has protections in place for breastfeeding moms.

You have the right to breaks and a private space

If your company has even one employee, it has an obligation to comply with the Nursing Mothers Act. This state law requires that companies accommodate nursing mothers for up to two years after a child’s birth by giving them time to either nurse the child or express breast milk using specialized equipment.

Employers can require that some of this take place during already scheduled paid breaks. They should also give the worker as many unpaid breaks as necessary to express milk and prevent either engorgement or supply decrease for the mother.

Workers have the right to a private space for pumping, but the bathroom does not meet this requirement. An unused office or conference room would. Finally, employers may not discriminate against workers who ask for accommodations to pump or breastfeed.

Standing up to your employer protects other people as well

If the company you work for doesn’t want to give you breaks or a clean and private space to handle the requirements of a lactating mother, you have the right to stand up for yourself. In fact, pushing back against this kind of discrimination not only protects you but every other woman who may eventually work for the company and wants to provide the benefits of breastfeeding for their child. An experienced attorney may be able to help you.

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Bryan E. Kuhn, Counselor at Law, P.C.
1660 Lincoln Street Suite 2330
Denver, CO 80264

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