Breastfeeding Protections in Washington

Washington law is about to become significantly more protective of employees who need to express breast milk at work. Beginning January 1, 2027, Washington employers will be required to pay employees for both the time they spend expressing breast milk and the time they spend traveling to and from the location designated for that purpose.

Washington already requires employers to provide reasonable break time for an employee to express breast milk for two years following the child's birth. Beginning January 1, 2027, breast milk breaks must be paid in addition to the employee's regular meal and rest periods. RCW 49.92.020(4) provides that "any break time" to express breast milk, as well as time spent traveling to a location designated for expressing milk, must be paid at the employee's regular compensation rate. An employer may not require the employee to use accrued paid leave for this time.

The new law also significantly expands the reach of Washington's pregnancy-accommodation requirements. Under RCW 49.92.010, an "employer" generally includes an employer that employs one or more persons. The statute also expressly includes religious organizations.

An employee who believes an employer is refusing to provide required accommodation, failing to pay for the required time, or retaliating because the employee requested or used accommodation may have remedies.