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Philly lawmakers pass bill requiring lactation spaces for workers in city buildings

Going beyond federal labor requirements, the new law will dictate how city buildings are built or renovated. It will also require that lactation spaces have electricity and nearby running water.

Councilmember Katherine Gilmore Richardson in the chamber on Sept. 14, 2023. She introduced the lactation bill, which was inspired by her own experience as a city employee when her children were born.
Councilmember Katherine Gilmore Richardson in the chamber on Sept. 14, 2023. She introduced the lactation bill, which was inspired by her own experience as a city employee when her children were born.Read moreTom Gralish / Staff Photographer

The city of Philadelphia will soon be required to create dedicated lactation spaces for city employees who breastfeed their children, equipped with electric outlets, a table and chair, and nearby running water.

Philadelphia City Council passed a bill containing the new requirements on Thursday, in its final session of the year. The amendment to Title 16 of the Philadelphia Code will go to Mayor Jim Kenney for his signature.

Under the amended code, the city must include lactation spaces “in number and location appropriate to the building’s use” in any new construction or renovation. If a city-owned facility cannot dedicate a space for lactation permanently, it will have to set aside a private space with signage during times when employees need it.

These spaces cannot be bathrooms, and they must be clean and shielded from public view with no intrusion. They must be available to employees and, when possible, accessible to the general public as well.

Councilmember Katherine Gilmore Richardson introduced the bill, inspired by her own experience as a city employee when her children were born.

“I recognize how important it is to have a dedicated space because I’ve gone through this,” she said. “This is a way to ensure that we are adequately being inclusive in our workforce and work environment for people who want to be a part of it, but also want to have work-life harmony.”

Federal law requires employers to provide pump breaks and a private, non-bathroom lactation space to their workers. But existing federal laws still don’t resolve the long list of challenges facing lactating workers. Breastfeeding workers need electricity for their pump in most cases, the ability to refrigerate pumped milk, and an area where they can sanitize and store their pump parts and the pump itself. For some workers, stepping away to pump requires getting coverage from a coworker.

By requiring access to running water, electricity, and a table and chair, Philadelphia’s new code addresses some of those needs not covered by federal law.

After hearing from 27 departments in city government this fall, Gilmore Richardson’s office found that 31 lactation spaces exist in city buildings, and some of them are available to the public as well. But, she noted, the bill was written not just with office employees in mind, but also for those who travel as part of their work.

“I was so blessed and so lucky that when I went back to work after my daughter and my son, I had an office. I could close the door, I had a flat surface and an electrical outlet and a refrigerator,” she said.

Gilmore Richardson also noted that the bill passed as the city is struggling with a workforce shortage, and needs to focus on ways to recruit and retain employees. Providing adequate lactation spaces will help parents “who want to continue to be in the workforce but also provide for their families as well,” she said.