Virginia Laws

VIRGINIA STATE LACTATION POLICIES

Virginia Pregnant Workers Fairness Act[1]

To Whom Does It Apply?

The Virginia Pregnant Workers Fairness Act applies to all employers employing 5 or more employees for each working day in each of at least 20 calendar weeks. “Employer” is defined broadly under the Code of Virginia, and should be construed to include employers of independent contractors and part-time employees, as well as traditional full-time employees. The Virginia Pregnant Workers Fairness Act also applies to all employees employing 1 or more domestic workers. 

Work Break Requirements. 

Employers must offer employees more frequent or longer bathroom breaks and breaks to express breast milk.

Lactation Space Requirements. 

Employers must provide a private location for an employee to express milk, which is not a bathroom.

Other Employer Obligations.

Employers must make reasonable accommodation for a person’s known limitations related to pregnancy, childbirth, or related medical conditions, and must:

(1)             Post, in a conspicuous location and in any employee handbook, information concerning the employee’s right to reasonable accommodation; and

(2)            Engage in a timely, good faith interactive process with an employee to discuss reasonable accommodations for them.

Exempt Employers.

The Act does not apply to employers who would suffer “undue hardship” from providing the employee with reasonable accommodations. Under the Act, an employer has the burden of demonstrating undue hardship.

In making a determination of undue hardship, the following factors shall be considered:

(1)            Hardship on the conduct of the employer's business, considering the nature of the employer's operation, including composition and structure of the employer's workforce;

(2)            The size of the facility where employment occurs; and

(3)            The nature and cost of the accommodations needed. 

ARLINGTON, VIRGINIA LACTATION POLICIES

There are no lactation accommodations ordinances or rules specific to Arlington, Virginia. 

The rights granted by the Virginia Pregnant Workers Fairness Act, and by the federal FLSA and PWFA, represent the highest level of workplace accommodation protections afforded to working, nursing mothers in Arlington, Virginia.