Yes. Texas law protects the right to breastfeed or express breast milk in any place where the parent is otherwise allowed to be. This includes public and private locations.

Helpful links:
Texas Department of State Health Services: Worksite Lactation Laws
Mamava: Texas Breastfeeding Laws

Texas Government Code Chapter 619 requires Texas public employers to have a policy that supports breastfeeding. Public employers must also provide break time and a private place, other than a multiple-user bathroom, for lactating employees to express breast milk. The law also prohibits public employers from suspending, firing, or discriminating against employees who use these rights. 

The Providing Urgent Maternal Protections for Nursing Mothers Act is often called the PUMP Act. It expanded federal workplace lactation protections to nearly all workers, including many salaried employees who were not covered under earlier federal law. 

Under the PUMP Act, most workers have the right to:

• Reasonable break time to express milk

• A private space that is not a bathroom

• A space shielded from view

• A space free from intrusion

The uploaded United States Breastfeeding Committee toolkit also notes that the PUMP Act expanded protections, clarified pay rules, and created an enforcement pathway for workers. 

Under federal law, most covered workers have the right to reasonable break time and private pumping space for up to one year after the child’s birth. 

No. A permanent lactation room is not always required. The space may be temporary or multi-use if it is available when needed, private, shielded from view, free from intrusion, functional, and not a bathroom.

The United States Breastfeeding Committee employer toolkit gives examples such as lactation suites, converted conference rooms, multi-use rooms, manager offices, mobile spaces, and converted closets when they are safe and private. 

No. Federal law requires a space that is not a bathroom. The space must be private, functional, shielded from view, and free from intrusion. 

Sometimes. Under federal guidance, pumping time must be paid if the employee is not completely relieved from duty during the break. Employees must also be paid if they pump during a paid break. Salaried employees generally continue to receive their full salary. 

Texas Department of State Health Services notes that federal law and Texas Mother-Friendly Worksite program requirements do not require paid lactation breaks when the employee is fully relieved from work duties.

The Pregnant Workers Fairness Act is a federal law that requires covered employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions unless the accommodation would cause an undue hardship. Lactation and breastfeeding-related needs may be covered. 

Examples may include:

• Extra breaks

• Schedule changes

• Time and place to pump

• Other temporary work changes

Employees can plan ahead by talking with their supervisor or human resources contact before returning to work.

A simple plan may include:

• Expected pumping schedule

• Location of the lactation space

• Milk storage plan

• Coverage during breaks

Helpful link:
Texas Mother-Friendly Worksite Tips for Employees

Employers can create a clear lactation support policy and communicate it to all employees. Texas Department of State Health Services says a Texas Mother-Friendly Worksite policy should include work pattern flexibility and break time, a private non-bathroom location, access to a nearby clean and safe water source, and storage options for breast milk. 

A strong workplace policy should include:

• Break time guidance

• Private space options

• Milk storage options

• A clear contact person

Helpful link:
Texas Mother-Friendly Worksite Tips for Employers